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STOLZ v. ELLENSTEIN

7 N.J. 291 (1951)

81 A.2d 476

HARRY A. STOLZ, ETC., PLAINTIFFS-RESPONDENTS, v. MEYER ELLENSTEIN, ETC., DEFENDANTS, AND MICHAEL FISHER AND HYMAN FISHER, INDIVIDUALLY AND AS CO-PARTNERS DOING BUSINESS UNDER THE FIRM NAME AND STYLE OF FISHER BROTHERS CLEANERS, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided June 11, 1951.

Attorney(s) appearing for the Case

Mr. Edward M. Malone argued the cause for appellants.

Mr. Samuel J. Zucker argued the cause for respondents (Mr. Lester Sandles, attorney).

The opinion of the court was delivered by WACHENFELD, J.

The Fisher brothers own contiguous properties on Hillside Avenue and Watson Avenue, Newark. The Watson Avenue property is in a zone designated in the city ordinance as a First Business District. The Hillside Avenue property is located in a Third Residence District and has at the rear five garages which adjoin the Watson Avenue property.

For several years the Fisher...

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