ARABIA v. ZISMAN


143 N.J. Super. 168 (1976)

362 A.2d 1221

AMELIA ARABIA, ON BEHALF OF HERSELF AND ALL OTHER MEMBERS OF THE CLASS SIMILARLY SITUATED, PLAINTIFFS, v. SIMON ZISMAN ET AL., DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided June 21, 1976.


Attorney(s) appearing for the Case

Mr. Morgan E. Thomas for plaintiffs.

Mr. Gerald Weinstein for defendant Simon Zisman (Messrs. Horn, Weinstein & Kaplan, attorneys).

Mr. Murray Fredericks for defendant City of Atlantic City.

Mr. Henry P. Megargee, Jr. for defendants Children's Seashore House, The Mutual Life Insurance Company of New York, Prudential Insurance Company of America, Sawyn Corp., and Leeds & Lipincott (Messrs. Lloyd, Megargee, Steedle & Connor, attorneys).

Mr. Robert Neustadter for defendants M. Neustadter, Steel Pier & Albert Toll (Messrs. Cooper, Perskie, Neustadter & Katzman, attorneys).

Mr. Maurice Y. Cole, Jr. for defendants Central Pier Co. & Marlborough-Blenheim Company (Messrs. Cole, Koury, Cole & Tighe, attorneys).

Mr. John R. Armstrong for defendants First National Bank of South Jersey, James Candy Company, Isidor Dion & Eva Dion, Williamson's Joint Venture & Atlantic City Realty Company (Messrs. Kirkman, Mulligan, Bell & Armstrong, attorneys).

Mr. Michael M. Land for defendants Albert & Rose Cohen (Messrs. Goldsmith, Land & Finifter, attorneys).

Mr. Max A. Baker for defendants Sidney Hartfield, Housing Authority of Atlantic City & Berkley Condominium Residences, Inc. (Messrs. Feinberg & Ginsburg, attorneys).

Mr. Daniel DeBrier for defendants Daniel DeBrier & the First National Bank of South Jersey, co-executors of the estate of Dorothy Graff Shactman (Messrs. Valore, McAllister, DeBrier, Aron & Westmoreland, attorneys).

Mr. George J. Weinroth for defendant Eva Affrime (Messrs. Greenberg, Shmerelson, Greenberg & Weinroth, attorneys).

Mr. Joseph E. Robertson for defendant Grace George.

Mr. William Goddard Lashman for defendant Morris Blank (Messrs. Lashman & Kupperman, attorneys).

Mr. Frank J. Ferry for defendant Walter Thomas Smith.

Mr. David J. Weiss for defendants Abe Casel, Herman Casel & Irwin Snyder t/a Boardwalk Investors (Messrs. Vassar, Rimm, Bloom & Weiss, attorneys).

Mr. Elias Naame for defendant 3100 Boardwalk.

Mr. L. Milton Freed for defendants Estate of Emerson Richards, deceased, M.L.R. Co. and Seaside Realty Improvement.


GRUCCIO, J.S.C.

This is a class action by plaintiff class consisting of all persons who are now and for years past have been conducting the business of beach chair and beach umbrella rentals on the Atlantic City beach and boardwalk. The named defendants are all of the owners of real estate abutting the beach and boardwalk along the inland line thereof. For the past six decades plaintiffs and their predecessors have been conducting rental concessions under agreements...

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