MIDDLESEX CONCRETE, ETC. v. BOROUGH OF CARTERET


35 N.J. Super. 226 (1955)

113 A.2d 821

MIDDLESEX CONCRETE PRODUCTS AND EXCAVATING CORPORATION, A NEW JERSEY CORPORATION, PLAINTIFF-RESPONDENT, v. THE BOROUGH OF CARTERET IN THE COUNTY OF MIDDLESEX, A MUNICIPAL CORPORATION, DEFENDANT-APPELLANT, AND LOUIS P. BOOZ, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided April 28, 1955.


Attorney(s) appearing for the Case

Mr. Melvin J. Koestler argued the cause for plaintiff-respondent (Messrs. Koestler & Koestler, attorneys).

Mr. Russell E. Watson argued the cause for defendant-appellant Borough of Carteret.

Mr. Elias A. Kanter argued the cause for defendant-respondent Louis P. Booz (Messrs. Wilentz, Goldman, Spitzer and Sills, attorneys; Mr. David T. Wilentz, of counsel).

Before Judges CLAPP, JAYNE and FRANCIS.


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

We are concerned on this appeal with two questions: did the trial court err in refusing to open a summary judgment entered for the plaintiff and against the defendant borough as to 6 of the 23 counts of the complaint — the remaining counts not having as yet been reached for trial; and did it err in denying the Borough's application to amend its answer so as to add thereto certain separate defenses, counterclaims...

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