MOGELEFSKY v. SCHOEM


90 N.J. Super. 49 (1966)

216 A.2d 236

HAROLD MOGELEFSKY AND MARTIN A. BERMAN, PLAINTIFFS-APPELLANTS, v. IRA SCHOEM, MAYOR OF THE CITY OF CLIFTON, ET AL., DEFENDANTS-RESPONDENTS. MARTIN A. BERMAN, PLAINTIFF-APPELLANT, v. IRA SCHOEM, MAYOR, ETC., ET AL., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided January 7, 1966.


Attorney(s) appearing for the Case

Mr. Clive S. Cummis argued the cause for appellants (Messrs. Schiff, Cummis & Kent, attorneys; Mr. Michael B. Tischman and Mr. Steven S. Radin, on the brief).

Mr. Sam Monchak argued the cause for respondents.

Mr. Richard Newman, Deputy Attorney General, argued the cause for the State of New Jersey and the New Jersey Real Estate Commission (Mr. Arthur J. Sills, Attorney General of New Jersey, Amicus Curiae; Mr. Peter J. Schwartz, Deputy Attorney General, of counsel and on the brief).

Before Judges CONFORD, KILKENNY and LEONARD.


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

Plaintiffs Mogelefsky and Berman appeal from a summary judgment entered by the Chancery Division, on motion of defendants, dismissing their complaint, in which they sought a judgment (1) declaring ordinance No. 24-30 of the City of Clifton to be null and void, and (2) enjoining the city and its police department from the enforcement of the provisions of said ordinance against plaintiffs.

The trial...

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