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CITY FO SUMMIT v. HORTON CORP.

70 N.J. Super. 529 (1961)

176 A.2d 34

THE CITY OF SUMMIT, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF, v. HORTON CORPORATION, A CORPORATION ETC., CONTINENTAL CASUALTY COMPANY, A CORPORATION ETC., AND TOWNVIEW MANOR A, A CORPORATION ETC., ET AL., DEFENDANTS, AND CONTINENTAL CASUALTY COMPANY, A CORPORATION ETC., THIRD-PARTY PLAINTIFF, v. CHARLES BORINSKY, ET AL., THIRD-PARTY DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided November 14, 1961.

Attorney(s) appearing for the Case

Mr. Peter C. Triolo, attorney for plaintiff.

Mr. Julius Stein for defendants Horton Corporation and Townview Manor A, and for third-party defendants (Messrs. Stein and Feinseth, attorneys).

Mr. Louis Auerbacher, Jr., attorney for Continental Casualty Company, defendant and third-party plaintiff.

MINTZ, J.S.C.

This is a suit by a municipality against a land developer and its surety. The plaintiff, City of Summit, seeks to compel the developer, defendant Horton Corporation (hereinafter referred to as "Horton"), to build an adequate storm sewer system in the area developed by it known as "Prospect Park" in Summit. It asserts that defendant Horton and its surety, Continental Casualty Company (hereinafter referred to as "Continental"), agreed with plaintiff to...

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