SCHNEIDER v. TOWN OF WEST NEW YORK


84 N.J. Super. 77 (1964)

201 A.2d 63

JOSEPHINE SCHNEIDER AND LEONORE VONDERVOR, PLAINTIFFS-APPELLANTS, v. TOWN OF WEST NEW YORK, ETC., ET AL., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided May 27, 1964.


Attorney(s) appearing for the Case

Mr. Melvin Gittleman argued the cause for the appellants (Messrs. Capone & Gittleman, attorneys).

Mr. Meyer Pesin argued the cause for the respondents Westower Corporation and the Teachers Insurance & Annuity Association of America.

Mr. Samuel L. Hirschberg argued the cause for the respondents Town of West New York and Salvatore Venturo (Mr. Samuel Nashel, on the brief).

Before Judges GAULKIN, FOLEY and LEWIS.


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

Plaintiffs describe their action as one "in lieu of prerogative writ * * * and for injunctive relief under the general jurisdiction of the Superior Court. * * *." Their principal demand is that a sale of about an acre of land by West New York to defendant Westower Corporation's predecessor in title, consummated about 3 1/2 years before the filing of the complaint, be set aside.

When the complaint...

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