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YANUZZI v. MAYOR AND COUNCIL OF BOROUGH OF SPRING LAKE

22 N.J. 567 (1956)

126 A.2d 873

THOMAS J. YANUZZI AND GEORGE A. COSTELLO, PLAINTIFFS-APPELLANTS, v. THE MAYOR AND COUNCIL OF THE BOROUGH OF SPRING LAKE, ET AL., DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided November 19, 1956.

Attorney(s) appearing for the Case

Mr. Milton J. Lesnik argued the cause for appellants (Messrs. Lesnik & Amoscato, attorneys).

Mr. Gilbert H. Van Note argued the cause for respondents.

PER CURIAM.

There was summary judgment for defendants in this proceeding in lieu of the prerogative writ of mandamus, to compel the installation of "water and sewer mains at the Borough's expense" for the servicing of Yanuzzi's vacant land on the westerly side of Monroe Avenue, and Costello's vacant land on the easterly side of Third Avenue, in Spring Lake.

The complaint alleges, in separate counts, that Yanuzzi and Costello are severally "being deprived...

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