CAPUT MORTUUM v. S & S. CROWN SERV. LTD.


841 A.2d 430 (2004)

366 N.J. Super. 323

CAPUT MORTUUM, L.L.C., a New Jersey Limited Liability Company, Plaintiff-Respondent, v. S & S CROWN SERVICES, LTD.; Crown DN & T Partnership; Norman Berman; Alan Simons, Defendants-Appellants, and Stephen Gordon and Dale Gordon his wife; Rochelle Gordon n/k/a Rochelle Rubin; State of New Jersey; The Mews at Chanticleer Condominium Association, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided February 2, 2004.


Attorney(s) appearing for the Case

Mary J. Pederson argued the cause for appellants (Powell, Trachtman, Logan, Carrle, Bowman & Lombardo, attorneys; Ethan N. Halberstadt and Ms. Pederson, on the brief).

Adam Greenberg, Voorhees, argued the cause for respondents (Honig & Greenberg, attorneys; Mr. Greenberg, on the brief).

Before Judges AXELRAD, WINKELSTEIN, and LARIO.


The opinion of the court was delivered by AXELRAD, J.T.C. (temporarily assigned).

This appeal presents the novel issue of whether an executing judgment creditor has the right to redeem a certificate of sale for unpaid municipal liens under N.J.S.A. 54:5-54, issued against its debtor's real estate and purchased by another entity. In a cogent written opinion, Judge Theodore Z. Davis found no such right to exist, based...

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