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TOWPATH UNITY TENANTS ASS'N v. BARBA

182 N.J. Super. 77 (1981)

440 A.2d 51

TOWPATH UNITY TENANTS ASSOCIATION, AN UNINCORPORATED ASSOCIATION, AND MARLEAH DIXON, INDIVIDUALLY AND ON BEHALF OF A CLASS, PLAINTIFFS-APPELLANTS, v. JOHN BARBA, SR., T/A TOWPATH ASSOCIATES, INC., A CORPORATION OF THE STATE OF NEW JERSEY, JOHN BARBA, SR., INDIVIDUALLY AND JOHN BARBA, III, DEFENDANTS-RESPONDENTS, AND PATRICIA BATES, WARREN BERRY, GEORGE MEDILL AND KAY MEDILL, HIS WIFE, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided December 18, 1981.

Attorney(s) appearing for the Case

Ronald Schwartz, attorney for appellants.

J. Edward Palmer, attorney for respondents.

Before Judges ALLCORN, FRANCIS and MORTON I. GREENBERG.

The opinion of the court was delivered by MORTON I. GREENBERG, J.A.D.

An understanding of this matter before us on an interlocutory appeal by leave granted requires that its procedural history be set forth at some length.

This action was commenced by the filing of a complaint on behalf of "Towpath Unity Tenants Association, an unincorporated association, and Marleah Dixon, individually and on behalf of a class." The complaint alleged that plaintiff association...

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