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COLOMBO v. PETERS

32 N.J. Super. 593 (1954)

108 A.2d 657

ELIZABETH H. COLOMBO, PLAINTIFF, v. NETTIE J. PETERS, FREDERICK JAMES, EDNA V. JAMES, CARLO BUCCERI AND RUTH M. BUCCERI, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided October 27, 1954.

Attorney(s) appearing for the Case

Mr. Samuel A. Wiener, attorney for plaintiff.

Mr. Joseph J. De Luccia, attorney for defendants.

SULLIVAN, J.S.C.

This is a lateral support case involving adjoining property owners. Plaintiff charges that defendants caused or permitted soil or fill to be dug and removed from their lands, thereby removing the lateral support due plaintiff's property. Plaintiff seeks a mandatory injunction to require defendants to erect some suitable retaining wall or cribbing so as to furnish lateral support for plaintiff's property. Damages are also demanded.

The testimony...

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