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AMERICAN RIETER CO. v. DINALLO

53 N.J. Super. 388 (1959)

147 A.2d 290

AMERICAN RIETER COMPANY, INC., A CORPORATION OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. RICHARD N. DINALLO ET ALS., DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided January 5, 1959.

Attorney(s) appearing for the Case

Mr. Aaron Heller argued the cause for defendants-appellants (Messrs. Heller & Laiks, attorneys; Mr. Murray A. Laiks, of counsel).

Mr. Bernard Shurkin argued the cause for plaintiff-respondent.

Before Judges CONFORD, FREUND and HANEMAN.

The opinion of the court was delivered by FREUND, J.A.D.

Plaintiff instituted this action to obtain an injunction against, and to recover damages for, the defendants' use of a sewer system under the plaintiff's property. The Chancery Division, finding no proof of damages, ordered an injunction requiring the defendants to disconnect their attachments from the sewer system "forthwith." Pending the disposition of defendants' appeal to this court, that judgment was stayed...

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