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IPPOLITO v. MAYOR OF HOBOKEN

60 N.J. Super. 477 (1960)

159 A.2d 425

ERNEST IPPOLITO, JOSEPH IPPOLITO, VINCENT IPPOLITO AND LEO IPPOLITO, INDIVIDUALLY AND AS PARTNERS DOING BUSINESS AS IPPOLITO & COMPANY, AND PIETRO FEDERICO, PLAINTIFFS, v. THE MAYOR OF THE CITY OF HOBOKEN, THE CITY OF HOBOKEN, A MUNICIPAL CORPORATION OF THE COUNTY OF HUDSON, IN THE STATE OF NEW JERSEY, THE COUNCIL OF THE CITY OF HOBOKEN, ANTHONY ROTONDO, M. IOMMETTI & SONS, INC., A CORPORATION OF THE STATE OF NEW JERSEY, AND TONY IOMMETTI, CHESTER IOMMETTI AND POMPEO IOMMETTI, CO-PARTNERS, TRADING AS M. IOMMETTI & SONS, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided March 23, 1960.

Attorney(s) appearing for the Case

Mr. Herman W. Kapp argued the cause for plaintiffs (Messrs. Kapp Brothers, attorneys).

Mr. Alfred W. Kiefer argued the cause for defendants M. Iommetti & Sons, Inc. (Messrs. Kiefer & Bollermann, attorneys, Mr. Christian Bollerman, on the brief).

Mr. E. Norman Wilson argued the cause for defendant City of Hoboken (Mr. Robert F. McAlevy, Jr., city attorney for the City of Hoboken, Mr. O.J. Pellet and Mr. E. Norman Wilson, assistant city attorneys, of counsel).

Mr. Harold S. Okin, for defendant Anthony Rotondo (David A. Pressler, on the brief).

Before Judges GOLDMANN, CONFORD and HANEMAN.

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

Application having heretofore been made to and leave having been granted by the Appellate Division, defendants appeal from an order of the Law Division granting plaintiffs leave to amend their complaint.

Ernest, Joseph, Vincent and Leo Ippolito, individually and as partners doing business as Ippolito & Company (Ippolito), and Pietro Federico (Federico) filed a complaint in an action in lieu of prerogative...

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