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ATFH REAL PROP. v. WINBERRY RLTY.

No. A-1189-09T1.

10 A.3d 889 (2010)

417 N.J. Super. 518

ATFH REAL PROPERTY, LLC, Plaintiff-Respondent, v. WINBERRY REALTY PARTNERSHIP, Defendant-Appellant, and Kearny Federal Savings Bank and the State of New Jersey, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided November 30, 2010.

Attorney(s) appearing for the Case

Ferro and Ferro , attorneys for appellant (Nancy C. Ferro, Ridgewood, on the brief).

Robert A. DelVecchio, LLC, attorneys for respondent (Susan B. Fagan-Limpert, Lincoln Park, of counsel and on the brief).

Before Judges FISHER, SAPP-PETERSON and SIMONELLI.

The opinion of the court was delivered by

FISHER, J.A.D.

Defendant Winberry Realty Partnership (WRP), a partnership consisting of four siblings, appeals a series of orders entered in this foreclosure action. WRP's appeal chiefly focuses on the order of July 9, 2009, which favorably vacated the judgment of foreclosure but on the conditions, which WRP finds objectionable, that WRP pay plaintiff's attorneys fees and hold plaintiff harmless for potential claims...

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