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CITY OF NEWARK v. PADULA

26 N.J. Super. 251 (1953)

97 A.2d 735

THE CITY OF NEWARK, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. ARTHUR H. PADULA AND MARGARET C. PADULA, HIS WIFE, CONCETTA PADULA, VINCENT PADULA AND ALFRED L. PADULA, AS EXECUTORS OF THE ESTATE OF JAMES V. PADULA, DEFENDANTS-APPELLANTS, AND GARDEN CONSTRUCTION CO., A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 9, 1953.

Attorney(s) appearing for the Case

Mr. Joseph A. Ward argued the cause for appellant (Mr. Charles Handler, Corporation Counsel of the City of Newark, attorney).

Mr. Daniel G. Kasen argued the cause for respondent (Messrs. Kasen, Schnitzer & Kasen, attorneys).

Before Judges GOLDMANN, SMALLEY and SCHETTINO.

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

James V. Padula, now deceased, was the owner of a large tract of vacant land in the Ivy Hill Park section of Newark, New Jersey, consisting of about 32 acres. On March 22, 1951 his executors, the defendants Padula, conveyed a one-acre parcel out of this tract to defendant-respondent Garden Construction Co. On December 11, 1952 the City of Newark filed its complaint seeking to "enjoin, set aside and invalidate...

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