ELI B. HALPERN, M.D., P.A. PENSION TRUST, ELI B. HALPERN, M.D., P.A., PROFIT SHARING TRUST AND ELI B. HALPERN, M.D., TRUSTEE, PLAINTIFF, v. PHILIP B. TANNENBAUM AND RUTH TANNENBAUM, HIS WIFE, NEW YORK ASSOCIATES LIMITED PARTNERSHIP KENTUCKY, A LIMITED PARTNERSHIP & RONBOB, INC., DEFENDANTS, 207 N.J. Super. 314

Summary

Plaintiff creditors filed an action against defendant debtors to recover sums due on a promissory note. Defendants filed a counterclaim based on the late delivery of loan documents in an unrelated transaction. Plaintiffs filed a motion for summary judgment on their claim. Defendants argued that a final summary judgment could not be entered until the counterclaim was adjudicated, or execution of the judgment should be stayed. The court granted interlocutory summary judgment in favor of plaintiffs, pursuant to N.J. Ct. R. 4:46-2, finding that it was not in the interest of the parties, or the appellate courts, for an appeal to be taken until all of the issues had been determined. An interlocutory judgment was proper based on the mandatory nature of the counterclaim. Defendants' claim was subject to the "entire controversy" doctrine. Upon plaintiffs' showing of a need to secure the judgment, however, the court would consider a revision of the interlocutory order or issue a restraining ...