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SCHRODER v. KISS

74 N.J. Super. 229 (1962)

181 A.2d 41

HENRY J. SCHRODER, PLAINTIFF-APPELLANT, v. KOLOMAN G. KISS, DIRECTOR OF THE DEPARTMENT OF STREETS AND HIGHWAYS, TOWNSHIP OF UNION, IN THE COUNTY OF UNION, A MUNICIPAL CORPORATION OF NEW JERSEY, DEPARTMENT OF CIVIL SERVICE AND CIVIL SERVICE COMMISSION OF THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Supplemental Briefs Filed January 16, 1962.

Decided May 15, 1962.

Attorney(s) appearing for the Case

Mr. Meyer H. Ginsberg argued the cause for appellant (Messrs. Ginsberg and Simone, attorneys; Mr. Ginsberg, on the brief).

Mr. Sam Weiss argued the cause for respondents Kiss and Township of Union (Messrs. Kein, Scotch & Pollatschek, attorneys; Mr. Weiss, on the brief).

Mr. William L. Boyan, Deputy Attorney General, argued the cause for respondents Department of Civil Service and Civil Service Commission of the State of New Jersey (Mr. David D. Furman, Attorney General, attorney; Mr. Boyan, on the brief).

Before Judges GOLDMANN, FOLEY and BARRETT.

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

Plaintiff appeals from a Law Division judgment granting the motion of defendants Kiss and Union Township to dismiss the complaint for failure to state a claim upon which relief could be granted.

The first count of the complaint provides an outline of the factual background of the action. We have fleshed out its bare recitals by exercising our original jurisdiction, R.R. 1:5-4 and 2:5, and...

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