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SWARTZ v. BECKER

246 N.J. Super. 406 (1991)

587 A.2d 1295

HARRY M. SWARTZ AND RENEE SWARTZ, PLAINTIFFS-RESPONDENTS, v. JOSEPH BECKER, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 11, 1991.

Attorney(s) appearing for the Case

Hannoch Weisman, attorneys for appellant (David M. Roskos and Scott A. Carver, on the brief).

Brach, Eichler, Rosenberg, Silver, Bernstein, Hammer and Gladstone, attorneys for respondents (William L. Brach, on the brief).

Before Judges ANTELL, SCALERA and KEEFE.

PER CURIAM.

Defendant appeals from an order granting summary judgment to plaintiffs ordering that the property owned by the parties should be partitioned through a sale and not partitioned in kind.

The parties, who are related, own various contiguous lots in Middletown and Holmdel townships totalling approximately 11 acres fronting on Route 35 in Monmouth County. The property was accumulated piecemeal over a period of approximately 20

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