PEBBLE BROOK, INC. v. SMITH


140 N.J. Super. 273 (1976)

356 A.2d 48

PEBBLE BROOK, INC., A NEW JERSEY CORPORATION, PLAINTIFF, MR. GUTTER COMPANY, INC., A CORPORATION OF THE STATE OF NEW JERSEY AND HENRY ROLLINS, BOTH INDIVIDUALLY AND T/A M.R. CONSTRUCTION COMPANY, INTERVENORS, v. RICHARD T. SMITH, ET UX; KENNETH KURTZMAN, ET UX; GARY MEREDITH, ET UX, WILLIAM WIEDMAN, INDIVIDUALLY, WILLIAM FINNIGAN, ET UX; JOSEPH McCART, ET UX; JOEL RILOFF, ET UX; THOMAS GABRIEL, ET UX; RENA CERASARO, INDIVIDUALLY, DONALD FRASER, ET UX; GARY DOUGHTY, ET UX; AND NEILL READ, ET UX; DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided March 3, 1976.


Attorney(s) appearing for the Case

Mr. Jeffrey C. Zucker for plaintiff (Mr. Saverio R. Principato, attorney).

Mr. David A. Keyko for the intervenors.

Mr. Richard A. Barton for defendants (Messrs. Freeman, Spence & Barton, attorneys).


KING, J.S.C., Temporarily Assigned.

This is an application to dissolve certain ex parte interim restraints entered by another judge sitting in this Division on February 13, 1976. This court heard such oral testimony as was offered by the parties on February 27, 1976 and because of the novelty of the question reserved decision for the purpose of further research into the matter.

Plaintiff Pebble Brook, Inc. seeks an interlocutory retraint here enjoining...

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