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GREENBERG v. FORNICOLA

65 N.J. Super. 104 (1961)

167 A.2d 177

IRVING GREENBERG, PLAINTIFF-APPELLANT, v. DONALD FORNICOLA, KENDALL H. LEE, ETC., ET AL., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided January 17, 1961.

Attorney(s) appearing for the Case

Mr. George S. Skokos argued the cause for plaintiff-appellant.

Mr. Charles Frankel argued the cause for defendant-respondent Donald Fornicola.

Mr. Felix A. De Sarno argued the cause for defendants-respondents Kendall H. Lee and City of Asbury Park.

Before Judges GOLDMANN, FOLEY and COLLESTER.

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

Plaintiff in a taxpayer's suit appeals from a summary judgment entered on motion of the defendants in the Chancery Division.

The essential facts as displayed by the affidavits offered by the respective parties on the motion were not in dispute. Pursuant to the provisions of R.S. 40:179-113 et seq. the City of Asbury Park had erected a pavilion...

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