MAGASINY ONIC DEVICES, INC. v. PRECISION SPECIALTIES, INC.


91 N.J. Super. 546 (1966)

221 A.2d 755

IRVING P. MAGASINY AND ONIC DEVICES, INC., PLAINTIFFS-APPELLANTS, v. PRECISION SPECIALTIES, INC., JOHN S. BAER AND RAYMOND F. KOEHLER, JOINTLY, SEVERALLY, AND/OR IN THE ALTERNATIVE, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided July 1, 1966.


Attorney(s) appearing for the Case

Mr. Arthur E. Ballen argued the cause for the appellants.

Mr. James Hunter, III, argued the cause for the respondents (Messrs. Archer, Greiner, Hunter & Read, attorneys).

Before Judges GAULKIN, LABRECQUE and BROWN.


PER CURIAM.

Summary judgment was granted in favor of defendants on the ground that the contract sued upon was unenforcible because plaintiffs had not procured a professional engineering license pursuant to N.J.S.A. 45:8-27. We reverse because the record does not "show palpably that there is no issue as to any material fact challenged and that the moving party is entitled to a judgment * * * as a matter of law." Therefore summary judgment should not have been...

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