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KULLMAN DINING CAR CO., INC. v. E. PATERSON

97 N.J. Super. 536 (1967)

235 A.2d 499

KULLMAN DINING CAR CO., INC., A NEW JERSEY CORPORATION, PLAINTIFF, v. BOROUGH OF EAST PATERSON, NEW JERSEY, DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided October 27, 1967.

Attorney(s) appearing for the Case

Mr. Harry Steiner for plaintiff (Messrs. Schapira, Steiner & Walder, attorneys).

Mr. Robert H. Biscamp for defendant (Messrs. Andora & Baron, attorneys).

BOTTER, J.S.C.

As the seller of personalty under a conditional sales contract plaintiff asserts a lien on the property superior to a municipality's claim for personal property taxes accruing after the conditional sales contract was recorded. Plaintiff sues for the return of taxes paid under protest to defendant in order to obtain permission to remove the property (a diner and its contents) from the municipality. Plaintiff and defendant have each moved for summary...

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