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PETERSON v. ALBANO

158 N.J. Super. 503 (1978)

386 A.2d 873

LUCILLE AND PLES PETERSON, CALLAHAN CATO, JONAS MCGEE, LENA KIRSH, LOIS HODGE, JAMES SMITH, AND JULIA SMITH, ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS-APPELLANTS, v. HONORABLE NICHOLAS ALBANO, PRESIDING JUDGE, ESSEX COUNTY DISTRICT COURT, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided April 10, 1978.

Attorney(s) appearing for the Case

Mr. Sam Farrington argued the cause for appellants (Mr. Harris David, Mr. Farrington and Mr. Edward Tetelman, attorneys; Mr. Tetelman, of counsel and on the brief).

Mr. Michael S. Bokar argued the cause for respondent (Mr. John J. Degnan, Attorney General of New Jersey, attorney; Mr. William F. Hyland, former Attorney General of New Jersey, and Mr. Stephen Skillman, Assistant Attorney General, of counsel).

Before Judges MICHELS, PRESSLER and BILDER.

The opinion of the court was delivered by MICHELS, J.A.D.

Plaintiffs appeal from a judgment of the Law Division entered in favor of defendant which in part declared that there was no right to a jury trial in a summary dispossess action instituted in the county district court pursuant to N.J.S.A. 2A:18-53 et seq.

The procedural background giving rise to this appeal is not in dispute. In June 1976 the Housing Authority of the City of Newark (Housing...

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