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DRENKOWSKI v. GOODMAN & COOK

43 N.J. Super. 206 (1957)

128 A.2d 505

BRONISLAW DRENKOWSKI AND ANNA DRENKOWSKI, HIS WIFE, PLAINTIFFS, v. LOUIS GOODMAN & JOSEPH C. COOK, T/A ADVANCE CONSTRUCTION COMPANY, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided January 9, 1957.

Attorney(s) appearing for the Case

Mr. George W. Wolin, attorney for plaintiffs.

Mr. Charles B. Thatcher, Jr., attorney for defendants.

SULLIVAN, J.S.C.

I have considerable difficulty with this case because, while I have concluded that the retaining wall in question was erected on the plaintiffs' property without their knowledge or consent, I do not see how I can now order the defendants to remove the wall or relocate without causing considerable damage to the rights and property of innocent persons who are not even parties to this suit.

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