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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