ZERMAN REALTY v. BOR. OF WESTWOOD


128 N.J. Super. 186 (1973)

319 A.2d 504

M. ZERMAN REALTY & BUILDING CORP., A NEW JERSEY CORPORATION, PLAINTIFF-APPELLANT, v. BOROUGH OF WESTWOOD, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided October 11, 1973.


Attorney(s) appearing for the Case

Mr. Gerald S. Meisel argued the cause for appellant.

Mr. Robert E. McGuire argued the cause for respondent (Messrs. Randall, Randall & McGuire, attorneys).

Before Judges HALPERN, MATTHEWS and BISCHOFF.


PER CURIAM.

Plaintiff appeals from so much of a final judgment, entered after a trial without a jury, which denied to it an accounting and its alleged right to recover the sum of $7,179.45 from defendant municipality. That sum represented the claimed unexpended balance remaining in the hands of defendant of $17,500 paid by plaintiff's bonding company to defendant.

Briefly stated, the facts are that plaintiff was a residential home developer. It obtained subdivision...

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