Garfield v. Elmwood Stores
Decision Date | 10 January 1952 |
Docket Number | No. C--485,C--485 |
Parties | GARFIELD et al. v. ELMWOOD STORES, Inc. et al. |
Court | New Jersey Superior Court |
John J. Clancy, Newark, for plaintiffs.
Edward J. Gilhooly, Newark, for defendants (Gilhooly, Yauch & Fagan, Newark, attorneys).
The plaintiffs, real estate brokers, have filed a complaint in 12 counts, the first nine of which allege that the defendant, Elmwood Stores, Inc., a corporation of New Jersey, is indebted to them for commissions by reason of services rendered in the procurement of leases for property about to be constructed by Elmwood Stores, Inc., on Route 4, Broadway, East Paterson, New Jersey and to be known as 'Elmwood Shopping Center.' The tenth and eleventh counts assert a similar claim for commissions against the defendants, E. Robert Coven and Harry Haines. The aggregate claim for commissions amounts to $152,756, for which the plaintiffs claim judgment against the defendant, Elmwood Stores, Inc., on the nine counts against it, and for the identical amount on the claim against the individual defendants on the two counts against them.
The twelfth count seeks a lien for the amount claimed to be due on the lands and premises owned by Elmwood Stores, Inc., and a restraint against the said corporation and the individual defendants, who are officers and directors of the corporation, from conveying title to the premises or encumbering them. The basis for the claim for a lien and a restraint are the following allegations of the twelfth count:
'Plaintiffs are informed and believe that the only asset owned by the defendant, Elmwood Stores, Inc., is the land and the building thereon now in the course of construction which comprises the shopping center for which plaintiffs obtained the tenants set forth in Counts First to Eighth of this complaint. * * *
* * *'
The plaintiffs have filed a notice of Lis pendens in the office of the clerk of the County of...
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...lis pendens shall be filed under this article in an action to recover a judgment for money or damages only. Garfield v. Elmwood Stores, 17 N.J.Super. 513, 86 A.2d 308 (Ch.Div.1952); Grabowski v. S. & N. Constr. Co., Inc., 72 N.J.Super. 1, 177 A.2d 576 Although title to the lot was in Larry ......
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