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NOLAN v. WITKOWSKI

56 N.J. Super. 480 (1959)

153 A.2d 745

EZRA L. NOLAN, ET AL., PLAINTIFFS, v. CHARLES S. WITKOWSKI, ET AL., DEFENDANTS. MEYER PESIN, MURRAY GREIMAN, CYRIL J. GALVIN, JEREMIAH J. O'CALLAGHAN, DAVID H. WERTHER, PATRICK A. KILEY, EUGENIA M.V. URBANSKICOURTNEY, WALTER J. HUDZIN, JOHN J. LEMKEN, GUSTAVE A. PEDUTO, WILLIAM N. JOHNSON, FRANCIS M. McINERNEY, EUGENE E. MASTRONARDY, INDIVIDUALLY AND AS ASSISTANT CORPORATION COUNSELS OF THE CITY OF JERSEY CITY, PLAINTIFFS-APPELLANTS, v. CHARLES S. WITKOWSKI, JAMES F. MURRAY, JR., BERNARD J. BERRY, INDIVIDUALLY, AND CHARLES S. WITKOWSKI, JAMES F. MURRAY, JR., BERNARD J. BERRY, WILLIAM V. McLAUGHLIN AND AUGUST W. HECKMAN, AS MEMBERS OF THE BOARD OF COMMISSIONERS OF JERSEY CITY, AND CITY OF JERSEY CITY, A MUNICIPAL CORPORATION, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided July 10, 1959.

Attorney(s) appearing for the Case

Mr. Isadore Glauberman argued the cause for all plaintiffs.

Mr. John J. Hanlon, Jr. argued the cause for all defendants (Mr. John Milton, attorney).

Before Judges PRICE, GAULKIN and FOLEY.

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

The case in which Ezra L. Nolan is the first plaintiff will be called the Nolan case, and the one in which Meyer Pesin is the first plaintiff will be called the Pesin case. The plaintiffs appeal and the defendants cross-appeal from summary judgments (or denials thereof) entered in each of the above entitled cases. The appeals have been consolidated.

The undisputed facts upon which the court below acted...

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