HENDLIN v. FAIRMOUNT CONSTRUCTION CO.


5 N.J. Super. 571 (1949)

68 A.2d 855

NATHAN N. HENDLIN AND ANNETTE HENDLIN, PLAINTIFFS, v. FAIRMOUNT CONSTRUCTION COMPANY, A CORPORATION, AND THE CITY OF NEWARK, A MUNICIPAL CORPORATION, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided October 17, 1949.


Attorney(s) appearing for the Case

Mr. John J. Clancy, attorney for plaintiffs.

Messrs. Ruback & Albach (Mr. Meyer E. Ruback, appearing), attorney for defendant Fairmount Construction Company.

Mr. Charles Handler, attorney for defendant the City of Newark.


STEIN, J.S.C.

When the complaint in this matter was first presented to me counsel for the plaintiffs sought an ad interim restraint. The application was denied without reference to any of the merits of the case, the court being of opinion that the situation was not so imperative as to call for a temporary injunction. According to the allegations of the complaint the resolution, the passage of which the plaintiffs seek to prevent, will not be adopted or passed...

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