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KIRZENBAUM v. PAULUS

51 N.J. Super. 186 (1958)

144 A.2d 25

GABRIEL KIRZENBAUM, LAWRENCE J. MEYERS AND WILLIAM MARMORSTEIN, PLAINTIFFS, v. CHESTER W. PAULUS, MAYOR OF THE CITY OF NEW BRUNSWICK, HERBERT J. DAILEY, LUKE J. HORVATH, FELIX N. CANTORE AND JAMES A. McGARRY, BEING THE BOARD OF COMMISSIONERS OF THE CITY OF NEW BRUNSWICK, N.J., DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided July 11, 1958.

Attorney(s) appearing for the Case

Mr. Gabriel Kirzenbaum, attorney for the plaintiffs.

Mr. Frederick F. Richardson, attorney for the defendants.

VOGEL, J.S.C.

The factual situation in this case projecting the legal issue involved arises out of the construction of a sidewalk depository abutting the premises owned by the National Bank of New Jersey.

A brief summary of the facts indicates that the Board of Commissioners of the City of New Brunswick, New Jersey, adopted an ordinance on September 12, 1933 which, in substance, prohibited the encumbrance and obstruction of sidewalks on the streets of the...

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