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LUSKY, ET AL. v. CAPASSO BROTHERS

118 N.J. Super. 369 (1972)

287 A.2d 736

LOUIS LUSKY, ET AL. PLAINTIFFS-APPELLANTS, v. CAPASSO BROTHERS, A PARTNERSHIP, AND FRANK CAPASSO AND GERALD F. CAPASSO, PARTNERS, DOING BUSINESS AS CAPASSO BROTHERS, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided February 23, 1972.

Attorney(s) appearing for the Case

Mr. Donald Horowitz argued the cause for appellants (Messrs. Cummins, Cummins, Dunn, Horowitz, Rosner and Pashman, attorneys).

Mr. Alfred De Cotiis argued the cause for respondents (Messrs. Van Riper, Belmont and Villanueva, attorneys; Mr. Adrian I. Karp, on the brief).

Before Judges LEWIS, HALPERN and LORA.

PER CURIAM.

Plaintiffs, 60 in number, appeal from an order denying their motion to maintain their action as a class action. While said order is interlocutory in nature, if leave to appeal had been sought, such leave would in all probability have been granted, and we would have elected to consider the merits of the appeal and decided it simultaneously with the motion for leave to appeal. R. 2:11-2. Hence leave to appeal in accordance with plaintiffs' alternative...

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