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SMITH v. TOWNSHIP OF LIVINGSTON

106 N.J. Super. 444 (1969)

256 A.2d 85

LAWRENCE SMITH, HERMAN ZIEGLER, IRWIN KLEPPER, MARVIN WEINBERGER AND PAUL GOLDMAN, PLAINTIFFS, v. THE TOWNSHIP OF LIVINGSTON, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, THE PLANNING BOARD OF THE TOWNSHIP OF LIVINGSTON, THE BUILDING INSPECTOR OF THE TOWNSHIP OF LIVINGSTON, N.K. WINSTON CORPORATION OF THE STATE OF NEW YORK, AND LIVINGSTON PROPERTIES CORP., A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided July 31, 1969.

Attorney(s) appearing for the Case

Mr. Clive S. Cummis for plaintiffs (Messrs. Cummis, Kent & Radin, attorneys).

Mr. Louis Bort for defendants Township of Livingston and municipal bodies.

Mr. Theodore L. Abeles for defendants Livingston Properties Corp. and N.K. Winston Corporation (Messrs. Lum, Biunno & Tompkins, attorneys).

MINTZ, J.S.C.

Defendants N.K. Winston Corporation and Livingston Properties Corp. move for summary judgment on their second counterclaim, third counterclaim and cross-claim. Summary judgment is not sought on the cross-claim to the extent that it incorporates the first counterclaim.

The complaint alleges the following facts. Plaintiffs are property owners and residents in Livingston Township, Essex County. Defendant N.K. Winston Corporation is the proposed...

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