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LEVITT & SONS, INC. v. DIV. AGAINST DISCRIMINATION

56 N.J. Super. 542 (1959)

153 A.2d 700

LEVITT AND SONS, INCORPORATED, A NEW YORK CORPORATION, AND WILLIAM J. LEVITT, PLAINTIFFS-APPELLANTS, v. DIVISION AGAINST DISCRIMINATION IN THE STATE DEPARTMENT OF EDUCATION, WILLIE R. JAMES AND FRANKLIN D. TODD, DEFENDANTS-RESPONDENTS. GREEN FIELDS FARM, INC., A NEW JERSEY CORPORATION, AND ROBERT A. BUDD AND HORACE B. PETERS, PLAINTIFFS-APPELLANTS, v. DIVISION AGAINST DISCRIMINATION IN THE STATE DEPARTMENT OF EDUCATION AND YUTHER GARDNER, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided July 22, 1959.

Attorney(s) appearing for the Case

Mr. Sidney S. Jaffe argued the cause for plaintiffs-appellants Levitt and Sons, Inc., William J. Levitt, Green Fields Farm, Inc., Robert A. Budd and Horace B. Peters (Mr. Samuel Wolfson, attorney for Levitt and Sons, Inc. and William J. Levitt; Mr. Sidney S. Jaffe, of counsel; Mr. Sidney S. Jaffe, attorney for Green Fields Farm, Inc., Robert A. Budd and Horace B. Peters).

Mr. Julius Wildstein argued the cause for defendants-respondents Yuther Gardner, Franklin D. Todd and Willie R. James (Mr. Herbert H. Tate and Mr. Jerome C. Eisenberg, attorneys for defendant-respondent, Franklin D. Todd; Messrs. Kapelsohn, Lerner, Leuchter & Reitman and Mr. Emerson L. Darnell, attorneys for defendant-respondent Willie R. James; Mr. Julius Wildstein, attorney for Yuther Gardner).

Mr. Thomas P. Cook, Deputy Attorney General, argued the cause for defendant-respondent Division Against Discrimination (Mr. David D. Furman, Attorney General of New Jersey, attorney).

Before Judges PRICE, SULLIVAN and FOLEY.

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

The basic issue raised by these appeals is whether or not the corporate plaintiffs, Levitt and Sons, Incorporated (Levitt) and Green Fields Farm, Inc. (Green), real estate developers of "Levittown" and of an area of "Green Fields Village," respectively, are, in the operation of those developments, subject to the provisions of the "Law Against Discrimination" (N.J.S.A. 18:25-1 et seq.) which it...

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