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NICHOLSON v. SPANGENBERG

163 N.J. Super. 128 (1978)

394 A.2d 371

DAVE NICHOLSON, PLAINTIFF-APPELLANT, v. RAYMOND L. SPANGENBERG, HELEN E. SPANGENBERG, HIS WIFE, DORIS PERRY, VINCENT E. MULHALL AND THE TOWNSHIP OF FRANKFORD, NEW JERSEY, NATIONAL BANK OF SUSSEX COUNTY, A BANKING INSTITUTION ORGANIZED UNDER THE LAWS OF THE UNITED STATES OF AMERICA, AND NATIONAL COMMUNITY BANK, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided October 25, 1978.

Attorney(s) appearing for the Case

Mr. Seymour M. Karas argued the cause for appellant (Messrs. Kreiger, Karas & Kilstein, attorneys; Mr. Marshall H. Fishman on the brief).

Mr. David L. Johnson argued the cause for respondent Spangenberg (Messrs. Morris, Downing & Sherred, attorneys).

Mr. Roger W. Thomas argued the cause for respondents Perry and National Community Bank (Messrs. Dolan and Dolan, attorneys).

Mr. Walter I. Hill argued the cause for respondents Township of Frankford and Mulhall (Mr. Richard P. Masel, on the brief).

Before Judges FRITZ, BISCHOFF and MORGAN.

PER CURIAM.

Those portions of the judgment adjudicated in the trial judge's oral opinion of October 6, 1976 are hereby affirmed substantially for the reasons given therein.

We reverse, however, that portion of an order entered during the pretrial conference dismissing plaintiff's claim against Perry for money damages based upon Perry's alleged severance of drain pipes servicing run-off water on plaintiff's property which occurred during construction of the...

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