J.D. CONST. ET ALS. v. ISAACS


51 N.J. 263 (1968)

239 A.2d 657

J.D. CONSTRUCTION CORP., A NEW JERSEY CORPORATION; J.D. HOLDING CORP., A NEW JERSEY CORPORATION; AND JAMES D'AGOSTINO, INDIVIDUALLY, PLAINTIFFS-APPELLANTS, v. SIDNEY ISAACS, DEFENDANT-THIRD PARTY PLAINTIFF-RESPONDENT, AND EUGENE AMRON, TOWNSHIP ENGINEER FOR THE TOWNSHIP OF FREEHOLD, AND THE TOWNSHIP OF FREEHOLD, A MUNICIPAL CORPORATION OF NEW JERSEY, THIRD-PARTY DEFENDANTS.

The Supreme Court of New Jersey.

Decided March 4, 1968.


Attorney(s) appearing for the Case

Mr. John R. Halleran argued the cause for plaintiffs-appellants (Messrs. Giordano, Giordano & Halleran, attorneys; Mr. Halleran, of counsel).

Mr. Paul J. Feldman argued the cause for defendant-respondent (Mr. Charles Frankel, attorney; Mr. Feldman, of counsel).


The opinion of the court was delivered PER CURIAM.

The defendant moved to strike one count of an amended complaint, before answer filed, as failing upon its face to state a claim upon which relief can be granted, R.R. 4:12-2(e). The Law Division granted the motion as to certain allegations thereof and ordered plaintiffs to file and serve a further amended complaint deleting the stricken portions. The Appellate Division...

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