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EDELSTEIN v. ASBURY PARK

51 N.J. Super. 368 (1958)

143 A.2d 860

BENJAMIN EDELSTEIN, PLAINTIFF-APPELLANT, v. CITY OF ASBURY PARK, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, AND ASBURY PARK ENTERPRISES, A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS, AND SEBASTIAN P. VACCARO AND ROSEMARIE VACCARO, DEFENDANTS, CONSOLIDATED WITH SEBASTIAN P. VACCARO AND ROSEMARIE VACCARO, PLAINTIFFS, v. ASBURY PARK ENTERPRISES, A CORPORATION OF THE STATE OF NEW JERSEY, AND CITY OF ASBURY PARK, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, AND J. OLIVER ARMSTRONG, CITY MANAGER AND DIRECTOR OF PUBLIC WORKS OF THE CITY OF ASBURY PARK, DEFENDANTS-RESPONDENTS, AND BENJAMIN EDELSTEIN, PETITIONER FOR INTERVENTION-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided July 16, 1958.

Attorney(s) appearing for the Case

Mr. Benjamin Edelstein argued the cause for appellant, pro se (Messrs. Edelstein & Edelstein, attorneys).

Mr. Charles Handler argued the cause for respondent Asbury Park Enterprises (Mr. Alan B. Handler on the brief).

Mr. Ascenzio R. Albarelli argued the cause for respondent city of Asbury Park.

Before Judges STANTON, HALL and GAULKIN.

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

These consolidated appeals represent the latest chapter in the litigation involving the sale by the City of Asbury Park in 1954 of a parcel of land known as the "Coleman House Tract." The sale was rescinded some three and a half years later through the medium of a consent judgment entered into by the city and the purchaser. We are concerned with the propriety of the dismissal, on procedural grounds, and without...

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