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CITY OF JERSEY CITY v. ROOSEVELT STADIUM MARINA, INC.

210 N.J. Super. 315 (1986)

509 A.2d 808

CITY OF JERSEY CITY, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. ROOSEVELT STADIUM MARINA, INC., A CORPORATION OF THE STATE OF NEW JERSEY; ROOSEVELT MARINA, INC., A CORPORATION OF THE STATE OF NEW JERSEY; CAPTAIN'S TABLE, INC., A CORPORATION OF THE STATE OF NEW JERSEY; JACK JAFFE, IRVING FORMAN, ARTHUR WALTMAN, JR. AND CHARLES SAN FILIPPO, DEFENDANTS-RESPONDENTS, JANET AND VINCENT MOORE, PLAINTIFFS-INTERVENORS, v. KOLOMBARIS & PULOS, INC., DEFENDANT-INTERVENOR. K. HOVNANIAN COMPANIES OF NEW JERSEY, INC., APPELLANT-INTERVENOR.

Superior Court of New Jersey, Appellate Division.

Decided May 21, 1986.

Attorney(s) appearing for the Case

Joanne Monahan argued the cause for appellant (Joseph Healy, Corporation Counsel; Joanne Monahan of counsel and on the brief).

Dennis A. Estis argued the cause for appellant-intervenor, K. Hovnanian Companies of New Jersey (Greenbaum, Rowe, Smith, Ravin, Davis & Bergstein, attorneys; Dennis A. Estis and Sharon L. Levine on the brief).

Lawrence A. Whipple, Jr. argued the cause for respondent Roosevelt Stadium Marina, Inc. (Whipple, Ross & Hirsh, attorneys; Lawrence A. Whipple, Jr. of counsel; Jonathan D. Clemente on the brief).

Seymour Margulies argued the cause for respondent Roosevelt Marina, Inc. (Margulies, Margulies & Wind, attorneys; Seymour Margulies of counsel, Robert E. Margulies and Judith Margulies Katz on the brief).

Janet and Vincent Moore, plaintiffs-intervenors, relied on brief filed on behalf of The City of Jersey City (Braverman & Lester, attorneys).

Kolombaris & Pulos, Inc., defendant-intervenor, relied on brief filed on behalf of Roosevelt Stadium Marina, Inc. (Joseph Rotolo, attorney).

Before Judges FURMAN, PETRELLA and SKILLMAN.

PER CURIAM.

The City of Jersey City (Jersey City) appeals from a December 24, 1984 order denying its motion for relief from a July 29, 1977 "Final Order and Judgment" entered without consent or a trial. The order was allegedly entered as a result of a "settlement" which had never been approved by the governing body of Jersey City, and notwithstanding that: (1) the letter transmitting the order to the judge indicated that Jersey City had not consented to either the...

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