SOURLIS v. BOROUGH OF RED BANK


220 N.J. Super. 434 (1987)

532 A.2d 740

THEODORE AND ELAINE SOURLIS, PLAINTIFFS-APPELLANTS, v. BOROUGH OF RED BANK, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided October 13, 1987.


Attorney(s) appearing for the Case

Thomas A. Pliskin argued the cause for appellants (Giordano, Halleran & Ciesla, attorneys; John Brogan, of counsel).

David A. Laughlin argued the cause for respondent (Carton, Nary, Witt & Arvanitis, attorneys).

Before Judges FURMAN, BRODY and LONG.


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

Appeal is before us from summary judgment dismissing an action to vacate an in rem tax foreclosure judgment. The trial court applied the bar of N.J.S.A. 54:5-90, which limits to five years collateral attacks on in personam tax foreclosure judgments. At oral argument we were informed that the Borough of Red Bank has retained title to the subject property.

We reverse and remand....

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