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CASTRIOTA v. CASTRIOTA

268 N.J. Super. 417 (1993)

633 A.2d 1024

LINA CASTRIOTA, PLAINTIFF-APPELLANT, v. LUIGI CASTRIOTA, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 1, 1993.

Attorney(s) appearing for the Case

Gulkin & Beinhaker, attorneys for appellant (Kenneth E. Bellani, on the brief).

Roy E. Kurnos, attorney for respondent (Mr. Kurnos, on the brief).

Before Judges PETRELLA, BAIME and CONLEY.

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

This is an appeal from an order denying plaintiff's motion to compel defendant to turn over certain stock certificates for the purpose of an execution sale. At issue is whether a judgment creditor may execute upon the judgment debtor's shares of stock in a closely held corporation where such securities are subject to an absolute prohibition against their alienation. We hold that the unqualified restraint on the...

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