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NIESTAT v. EQUITABLE SECURITY CO.

6 N.J. Super. 148 (1950)

70 A.2d 529

HARRY NIESTAT, PLAINTIFF-RESPONDENT, v. EQUITABLE SECURITY COMPANY, A NEW JERSEY CORPORATION, MEYER LOBSENZ, SIDNEY LOBSENZ, NATHAN P. LOBSENZ, TRUSTEE, R. LOMAURS & SONS, INC., AND THE CITY OF PASSAIC, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided January 11, 1950.

Attorney(s) appearing for the Case

Mr. Meyer Lobsenz argued the cause for the appellants (Messrs. Spitz & La Cava, attorneys).

Mr. Samuel A. Wiener argued the cause for the respondent.

Before Judges JACOBS, DONGES and BIGELOW.

The opinion of the court was delivered by JACOBS, S.J.A.D.

This is an appeal from a judgment entered in the Chancery Division which determined that plaintiff had a valid right of way, restrained defendants from interfering therewith, and dismissed their counterclaim.

In 1862 Edo Kip, the owner of a tract of land in Passaic, caused a map thereof to be made upon which streets and lots were plotted. Lot No. 1 was approximately 114' x 50' and was located at the...

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