BERGEN COUNTY v. CITY OF HACKENSACK


84 N.J. Super. 252 (1964)

201 A.2d 734

COUNTY OF BERGEN, A BODY POLITIC AND CORPORATE OF THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. THE CITY OF HACKENSACK, A MUNICIPAL CORPORATION, DEFENDANT-APPELLANT, AND S. GOLDBERG & CO., INC., A NEW JERSEY CORPORATION, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 22, 1964.


Attorney(s) appearing for the Case

Mr. George A. Brown argued the cause for appellant.

Mr. Jacob Schneider argued the cause for defendant-respondent, S. Goldberg & Co., Inc.

Before Judges CONFORD, FREUND and SULLIVAN.


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

The City of Hackensack (Hackensack) appeals from a ruling that it "has no basis for any claim for a portion of the award of the Condemnation Commissioners" and directing that the entire award, less the court clerk's fees and commissions, be paid to defendant-respondent S. Goldberg & Co., Inc. (Goldberg).

The facts which are undisputed are as follows.

On or about October 4, 1960 the City...

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