BRUNO v. LONG BRANCH


35 N.J. Super. 304 (1955)

114 A.2d 273

BASIL B. BRUNO, PLAINTIFF-APPELLANT, v. CITY OF LONG BRANCH, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, NASH ALUMINUM WINDOW CORPORATION AND SEACOAST TERMINAL COMPANY, CORPORATIONS OF THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided May 5, 1955.


Attorney(s) appearing for the Case

Mr. Sidney Alpern argued the cause for the appellant.

Mr. Edward Juska argued the cause for the respondent City of Long Branch.

Mr. James D. Carton, Jr., argued the cause for the respondents Nash Aluminum Window Corporation and Seacoast Terminal Company (Messrs. Durand, Ivins & Carton, attorneys).

Before Judges CLAPP, JAYNE and FRANCIS.


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

In this proceeding in lieu of prerogative writ plaintiff attacked the validity of a resolution of the City of Long Branch providing for the exchange of certain pieces of realty between the city and the two corporate defendants. From a summary judgment for the defendants on the pleadings, plaintiff appeals.

During the pendency of the appeal Bruno died and an application was made at the oral argument...

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