KIRZENBAUM v. PAULUS


57 N.J. Super. 80 (1959)

153 A.2d 847

GABRIEL KIRZENBAUM, LAWRENCE J. MEYERS AND WILLIAM MARMORSTEIN, PLAINTIFFS-APPELLANTS, 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-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided August 12, 1959.


Attorney(s) appearing for the Case

Mr. Gabriel Kirzenbaum argued the cause as attorney pro se and for plaintiffs-appellants (Mr. Perry J. Martin on the brief).

Mr. Frederick F. Richardson argued the cause for defendants-respondents.

Before Judges GOLDMANN, CONFORD and HANEMAN.


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

Judge Vogel, sitting in the Superior Court, Law Division, held that the City of New Brunswick had acted within the purview of valid and appropriate legislative authorization in granting permission by resolution to the National Bank of New Jersey to install and use for its business purposes a curb depository for motorist-customers on the sidewalk on Church Street, alongside its bank building. From that determination...

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