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MARDER v. REALTY CONSTRUCTION CO.

84 N.J. Super. 313 (1964)

202 A.2d 175

AARON MARDER, PLAINTIFF-APPELLANT, v. REALTY CONSTRUCTION CO., A NEW JERSEY CORPORATION, DEFENDANT-RESPONDENT, AND LEONARD ENGLEBROOK, ET AL., DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided June 25, 1964.

Attorney(s) appearing for the Case

Mr. Philip J. Mylod argued the cause for appellant (Messrs. Mylod & Mylod, attorneys).

Mr. Harry Krieger argued the cause for respondent.

Before Judges CONFORD, FREUND and SULLIVAN.

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

Plaintiff appeals from the reopening of a default judgment against defendant Realty Construction Co., from the dismissal of his action for the recovery of possession of lands and for mesne profits under N.J.S. 2A:35-1 and 35-2 after his opening statement to the jury, and from a denial of his motion for a new trial.

Plaintiff was the owner of a strip of property some 200 feet long and a...

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