SAUTTO v. EDENBORO APARTMENTS, INC.


69 N.J. Super. 420 (1961)

174 A.2d 497

SALVATORE SAUTTO AND MARGARET SAUTTO, JAMES A. CHRISTIANO AND JANE CHRISTIANO, PLAINTIFFS-APPELLANTS, v. EDENBORO APARTMENTS, INC., A CORPORATION, B.W. CONSTRUCTION CORPORATION, A CORPORATION, JOSEPH B. KEARNS, BUILDING INSPECTOR OF THE CITY OF ORANGE, A MUNICIPAL CORPORATION OF NEW JERSEY, DEFENDANTS-RESPONDENTS, AND CITY OF ORANGE, A MUNICIPAL CORPORATION OF NEW JERSEY, INTERVENOR-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided October 17, 1961.


Attorney(s) appearing for the Case

Mr. Elmer O. Goodwin argued the cause for appellants.

Mr. Lee A. Holley argued the cause for respondents (Messrs. Vreeland and Brown, attorneys).

Mr. Thomas P. Kelly argued the cause for intervenor-respondent (Mr. John R. Murray, attorney).

Before Judges CONFORD, FREUND and LABRECQUE.


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

On September 18, 1961 this court granted leave to plaintiffs to appeal nunc pro tunc a judgment of the Law Division which only partially disposed of this action in lieu of prerogative writs. R.R. 1:27B(e); 2:2-3. Plaintiffs had at first appealed without leave.

The judgment was entered July 13, 1961, on cross-motions for summary judgment...

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