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GHERARDI v. TRENTON BOARD OF EDUCATION

53 N.J. Super. 349 (1958)

147 A.2d 535

MARIO E. GHERARDI, PLAINTIFF-APPELLANT, v. BOARD OF EDUCATION OF THE CITY OF TRENTON, ET AL., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided December 24, 1958.

Attorney(s) appearing for the Case

Mr. Ralph S. Mason argued the cause for appellant (Messrs. Mason, Griffin & Moore, attorneys; Mr. Kester R. Pierson, on the brief).

Mr. Henry M. Hartman argued the cause for respondents Board of Education of the City of Trenton, Samuel Mather and Harry J. Bodine.

Mr. Philip J. Albert argued the cause for respondents Louis S. Kaplan, Albert E. Micklewright and Samuel Mountford, partners doing business as Micklewright & Mountford, and Philip S. Slack & Co. (Messrs. Levy, Levy and Albert, attorneys for Louis S. Kaplan; Mr. J. Conner French, attorney for Micklewright & Mountford; Mr. Mario H. Volpe, attorney for Philip S. Slack & Co.).

Before Judges GOLDMANN, FREUND and HANEMAN.

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

Plaintiff appeals from a summary judgment entered in the Superior Court, Law Division, on defendants' respective motions for an order dismissing the action because the complaint failed to state a claim or, in the alternative, for summary judgment on the ground that there existed no genuine issue as to any material fact.

I.

On November 4, 1954 defendant Board of Education of the City of...

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