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CALLEN v. SHERMAN'S, INC.

182 N.J. Super. 438 (1982)

442 A.2d 626

ANDREW B. CALLEN AND DICKSIE H. CALLEN, HIS WIFE, AND RALPH A. RUNYON, JR., AND PATRICIA S. RUNYON, HIS WIFE, T/A PARD REALTY, PLAINTIFFS-RESPONDENTS, v. SHERMAN'S, INC., FLORENCE KARASIK, INDIVIDUALLY, AND JULES KARASIK, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided January 20, 1982.

Attorney(s) appearing for the Case

Kathleen R. Wall argued the cause for appellants (Alan C. Sugarman, attorney).

Leonard S. Needle argued the cause for respondents (Zager, Fuchs, Leckstein & Kauff, attorneys; Leonard S. Needle, on the brief).

Before Judge MICHELS, McELROY and COLEMAN.

The opinion of the court was delivered by COLEMAN, J.A.D.

This appeal challenges the constitutionality of the distraint statutes, N.J.S.A. 2A:33-1 et seq., because the landlord is permitted to seize the tenant-debtor's property with the assistance of a sheriff or constable without notice or prior judicial review. Succintly put, defendants maintain that the statutory scheme contravenes the Fourteenth Amendment's prohibition against a state taking an individual...

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