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GOTTESFELD v. KAMINSKI

216 N.J. Super. 679 (1987)

524 A.2d 872

ALFRED GOTTESFELD AND SOPHIE GOTTESFELD, PLAINTIFFS-RESPONDENTS AND CROSS-APPELLANTS, v. JOHN G. KAMINSKI, DEFENDANT-APPELLANT AND CROSS-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided April 8, 1987.

Attorney(s) appearing for the Case

Jay R. Benenson argued the cause for appellants (Benenson & Scher, P.A., attorneys; Jay R. Benenson and Carlton T. Spiller, on the brief).

Leonard A. Peduto, Jr. argued the cause for respondents (Klein, Chapman, Greenburg, Henkoff & Siegel, attorneys; Isaac Henkoff, on the brief).

Before Judges PRESSLER, GAULKIN and ASHBEY.

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

Alfred and Sophie Gottesfeld brought this action to foreclose a second mortgage given to secure payment of a $15,000 note executed by John G. Kaminski as president of Next Flight Out, Inc. (NFO), and guaranteed by Kaminski individually. Kaminski answered that the mortgage was in violation of the Secondary Mortgage Loan Act (SMLA), N.J.S.A. 17:11A-34 et seq., and of the usury laws, N.J.S.A....

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