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DEVERMAN v. STEVENS BUILDERS

31 N.J. Super. 347 (1954)

106 A.2d 557

HARRY DEVERMAN, PLAINTIFF-APPELLANT-RESPONDENT, v. STEVENS BUILDERS, INC., A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT, AND P. MICHELOTTI & SONS, INC., A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT-CROSS APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided July 1, 1954.

Attorney(s) appearing for the Case

Mr. Paul Rittenberg argued the cause for plaintiff-appellant-respondent (Mr. Peter Hofstra, attorney; Mr. Howard Stern on the brief).

Mr. James A. Major argued the cause for defendants (Mr. Richard J. Baker, attorney for cross-appellant; Mr. Steven Koribanics, attorney for defendant Stevens Builders, Inc.).

Before Judges CLAPP, SMALLEY and SCHETTINO.

The opinion of the court was delivered by SCHETTINO, J.S.C. (temporarily assigned).

Appeal and cross-appeal are taken from a judgment of the Chancery Division of this court.

Plaintiff operated a nursery business in Clifton, raising on the parts of premises here involved rose plants and barberry plants. Defendant Stevens Builders, Inc., adjoining landowner, was developing its tract into a residential area. Incidental to this development Stevens hired defendant...

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