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BOULEVARD IMPROVEMENT CO. v. ACADEMY ASSOCIATES

3 N.J. Super. 506 (1949)

67 A.2d 225

BOULEVARD IMPROVEMENT COMPANY AND CENTRAL STORAGE AND REALTY CO., PLAINTIFFS, v. ACADEMY ASSOCIATES, INC., A CORPORATION OF NEW JERSEY ET AL., DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided May 4, 1949.

Attorney(s) appearing for the Case

Messrs. Anderson, Rugge & Coleman, for the plaintiffs.

Mr. Edward De Sevo, for the defendant Academy Associates, Inc.

Mr. Charles A. Rooney, for the defendants Board of Commissioners of the City of Jersey City, Edward J. Spoerer, as Superintendent of Buildings of Jersey City, City of Jersey City, a municipal corporation, and Board of Adjustment of City of Jersey City.

PROCTOR, J.S.C.

Defendants move for summary judgment, under Rule 3:56-2, as a matter of law on the grounds "that (a) this court lacks jurisdiction over the subject matter of this cause of action; and (b) the proceeding herein of the plaintiffs was not commenced within thirty days of the accrual of their rights, if any, provided by law."

The complaint in this action, a proceeding in lieu of the prerogative writ of certiorari, was filed January...

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