1. Home
  2. Browse Decisions
  3. N.J.
  4. 270 N.J.
  5. 270 N.J. Super. 628 (1994)
 

SCHLUSSEL v. EMMANUEL ROTH CO.

270 N.J. Super. 628 (1994)

637 A.2d 944

ABRAHAM SCHLUSSEL, PLAINTIFF-APPELLANT/CROSS-RESPONDENT, v. EMMANUEL ROTH CO., K/N/A ERC LIQUIDATING CORP., A NEW JERSEY CORPORATION, DEFENDANT, AND NOVTEX CORPORATION, A NEW YORK CORPORATION, DEFENDANT-RESPONDENT/CROSS-APPELLANT, AND DANIEL BIRD, JOHN CARPENTER AND CARL FUNKE, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided February 7, 1994.

Attorney(s) appearing for the Case

David O. Marcus argued the cause for appellant-cross-respondent (Shapiro & Shapiro, attorneys; Mr. Marcus and Robert P. Shapiro, on the brief).

Charles A. Strenk argued the cause for respondents-cross-appellants Bird & Novtex Corporation (Kiernan & Strenk, attorneys; Mr. Strenk, on the brief).

Eugenie F. Tendrich argued the cause for respondents Carpenter and Funke (Rabner, Allcorn & Meislik, attorneys; Mr. Tendrich, on the brief).

Before Judges PETRELLA, CONLEY and VILLANUEVA.

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

Plaintiff landlord appeals the dismissal of his claim under the Uniform Commercial Code Bulk Transfer Act, N.J.S.A. 12A:6-101 to 6-111, for rental payments not due and owing at the time of transfer of the assets of his tenant, defendant Emmanuel Roth Co. (Roth), to defendant Novtex Corporation (Novtex). The claim was rejected by the trial judge on the basis that plaintiff was not a creditor within the...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases