MIDLANTIC NAT. BANK v. COYNE


222 N.J. Super. 649 (1987)

537 A.2d 798

MIDLANTIC NATIONAL BANK, A NATIONAL BANKING ASSOCIATION, PLAINTIFF, v. THOMAS C. COYNE AND LEONARD BORNSTEIN, DEFENDANTS.

Superior Court of New Jersey, Law Division Essex County.

Decided November 12, 1987.


Attorney(s) appearing for the Case

Elizabeth Callaghan Flanagan, for plaintiff (Pitney, Hardin, Kipp & Szuch, Morristown, attorneys).

Ira E. Weiner, for defendant Thomas C. Coyne (Weiner and Hiebler, Montville, attorneys).

S.M. Chris Franzblau, for defendant Leonard Bornstein (Greenberg, Margolis, Ziegler, Schwartz, Dratch, Fishman, Franzblau & Falkin, Roseland, attorneys).


YANOFF, J.S.C. (retired and temporarily assigned on recall).

The issues addressed hereafter arise on a motion to set aside a judgment entered July 31, 1987.

A broad summary of the factual context will suffice. Defendant Thomas C. Coyne ("Coyne") borrowed money from plaintiff bank on the security of five race horses. An event of default occurred. The Bank called upon the defendant, pursuant to the security instruments, to collect the security and deliver it...

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