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WILOMAY HOLDING CO. v. McCOY

50 N.J. Super. 386 (1958)

142 A.2d 667

WILOMAY HOLDING COMPANY, A CORPORATION OF NEW JERSEY, PLAINTIFF-APPELLANT AND CROSS-RESPONDENT, v. GRACE McCOY, JOHN KESSERY, BURT SCHMIDLIN, JOHN CAPELLI, HENRY BUESING, JUSTUS BUESING, WILLIAM SCHICK, AND CALLAGHAN ISLAND LAND COMPANY, A CORPORATION OF NEW JERSEY, DEFENDANTS-RESPONDENTS AND CROSS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided June 4, 1958.

Attorney(s) appearing for the Case

Mr. Isadore Glauberman argued the cause for appellants and cross-respondents (Mr. Edward A. Smarak, attorney; Mr. Warren Brody, on the brief).

Mr. Alten W. Read argued the cause for respondents and cross-appellants (Messrs. Schenck, Smith and King, attorneys; Mr. Stephen B. Wiley, on the brief).

Before Judges GOLDMANN, FREUND and CONFORD.

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

Plaintiff appeals from so much of a judgment of the Chancery Division as denies it an easement and injunctive relief over a 10-foot strip of land along the shore of an island-like peninsula known as Callaghan's Island, as that strip lies north of a certain X-Y line on a map in evidence. Defendants cross-appeal from that aspect of the judgment directing the removal of two certain bungalows and restraining...

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