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CITY OF NEWARK v. PADULA

24 N.J. Super. 483 (1953)

94 A.2d 859

THE CITY OF NEWARK, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF, 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, AND GARDEN CONSTRUCTION CO., A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided January 30, 1953.

Attorney(s) appearing for the Case

Mr. Charles Handler, attorney for plaintiff.

Messrs. Bilder, Bilder & Kaufman (Mr. Samuel Kaufman appearing), attorneys for Padula defendants.

Messrs. Kasen, Schnitzer & Kasen (Mr. Daniel G. Kasen appearing), attorneys for defendant Garden Construction Co.

STEIN, J.S.C.

This is a motion on the part of the defendant Garden Construction Co. to dismiss plaintiff's complaint. The cause of action, as set forth in the complaint, is that on March 17, 1951 the defendants other than Garden Construction Co. were the owners of a large tract of land in the City of Newark which is described in paragraph 1 of the complaint; that on March 22, 1951 those defendants conveyed to the defendant Garden Construction Co. a portion of the...

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