DEVERMAN v. STEVENS BUILDERS


35 N.J. Super. 300 (1955)

114 A.2d 15

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

Superior Court of New Jersey, Appellate Division.

Decided May 5, 1955.


Attorney(s) appearing for the Case

Mr. Murray A. Laiks argued the cause for defendant-appellant P. Michelotti & Sons, Inc. (Mr. Aaron Heller and Messrs. Heller & Laiks, attorneys).

Mr. Howard Stern argued the cause for plaintiff-respondent (Mr. Peter Hofstra, attorney).

Before Judges GOLDMANN, FREUND and CONFORD.


PER CURIAM.

This is an action for damages to growing crops of plaintiff, a commercial nurseryman, resulting from building operations by defendants on nearby property. When first heard, the Chancery Division found the defendant, Stevens Builders, Inc., liable for the destruction of certain rose bushes but denied recovery for lack of proof as to damages. It awarded a judgment against defendant P. Michelotti & Sons, Inc., for damages to barberry bushes in the sum...

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