SCHLOSSBERG v. JERSEY CITY SEWERAGE AUTHORITY


15 N.J. 360 (1954)

104 A.2d 662

BEN SCHLOSSBERG, ET AL., PLAINTIFFS-RESPONDENTS, v. THE JERSEY CITY SEWERAGE AUTHORITY, ET AL., DEFENDANTS, AND HARRY J. THOUROT, PETER LaMORT, AND THOUROT & LaMORT, A PARTNERSHIP, ET AL., AGGRIEVED PARTIES-APPELLANTS. HARRY J. THOUROT, PETER LaMORT AND THOUROT & LaMORT, A PARTNERSHIP, PLAINTIFFS-APPELLANTS, v. THE TRUST COMPANY OF NEW JERSEY, BEN SCHLOSSBERG AND S. JOHN FAMIGLIETTI, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided April 5, 1954.


Attorney(s) appearing for the Case

Mr. Isadore Glauberman argued the cause for appellant Thourot.

Mr. Victor S. Kilkenny argued the cause for appellant LaMort.

Mr. Jerome C. Eisenberg argued the cause for cross-appellant-respondent The Trust Company of New Jersey (Mr. Thomas E. Lynch, attorney).

Mr. Theodore C. Baer argued the cause for respondents Schlossberg and Famiglietti (Mr. John J. Hanlon, Jr., attorney).

Mr. David Stoffer argued the cause for defendants-applicants for intervention, Joseph Miele Construction Co., Inc., and C. Salvatore & Sons (Messrs. Stoffer and Jacobs, attorneys).

Mr. John J. Breslin, Jr., argued the cause for defendants-applicants for intervention, George M. Brewster & Son, Inc., Terminal Construction Corp. and LaFerra Contracting Company, Inc. (Messrs. Breslin & Breslin, attorneys).


The opinion of the court was delivered by WILLIAM J. BRENNAN, JR., J.

These are three appeals, consolidated by the Appellate Division and certified by this court of its own motion. Two of the appeals are from an interlocutory order entered March 12, 1954 in the Law Division in the proceeding in lieu of prerogative writ in which Ben Schlossberg and S. John Famiglietti are plaintiffs and the Jersey City Sewerage Authority and its members, the City of Jersey City and...

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