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TOBAR CONST. v. R.C.P. ASSOCIATES

293 N.J. Super. 409 (1996)

680 A.2d 1121

TOBAR CONSTRUCTION COMPANY, PLAINTIFF, DONALD ZUCKER, ASSIGNEE OF TOBAR CONSTRUCTION COMPANY, APPELLANT, v. R.C.P. ASSOCIATES, A NEW JERSEY PARTNERSHIP, SUBURBAN MALL ASSOCIATES, LTD., A NEW JERSEY PARTNERSHIP, AND DELL CONTRACTORS, INC. (IMPROPERLY PLEADED AS "DELL PAVING CORPORATION"), DEFENDANTS, BERNARD WEISSMAN, DEFENDANT-RESPONDENT, AND DONALD AND GOLDIE MORCHOWER, HUDSON CITY FEDERAL SAVINGS BANK AND ROBERTA WEISSMAN, RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided August 16, 1996.

Attorney(s) appearing for the Case

David Kessler, attorney for appellant (Thomas M. Egan, on the brief).

Respondents failed to file timely answering briefs.

Before Judges PRESSLER, KEEFE and A.A. RODRIGUEZ.

The opinion of the Court was delivered by RODRIGUEZ, A.A., J.A.D.

In deciding this appeal, we hold that where no statutory notice of settlement has been filed, a judgment docketed after a deed disposing of the judgment debtor's interest in real property is delivered, but before the deed is recorded, becomes a lien on the property by virtue of N.J.S.A. 46:22-1.

The facts are undisputed. On August 15, 1991, a judgment was entered in favor of Tobar Construction...

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