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JERSEY CITY ASS'N, ETC., CHURCH AND STATE v. JERSEY CITY

34 N.J. 177 (1961)

167 A.2d 801

JERSEY CITY ASSOCIATION FOR SEPARATION OF CHURCH AND STATE, A NEW JERSEY CORPORATION, PLAINTIFF-APPELLANT, v. THE CITY OF JERSEY CITY AND SETON HALL COLLEGE OF MEDICINE AND DENTISTRY, A NEW JERSEY CORPORATION (THE CITY BEING A MUNICIPAL CORPORATION), DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided February 6, 1961.

Attorney(s) appearing for the Case

Mr. Robert Greenberg argued the cause for appellant.

Mr. Meyer Pesin argued the cause for respondent The City of Jersey City (Mr. Ezra L. Nolan, Corporation Counsel, attorney; Mr. Meyer Pesin, of counsel).

Mr. James F.X. O'Brien argued the cause for respondent Seton Hall College of Medicine and Dentistry.

The opinion was delivered PER CURIAM.

We certified the appeal on our motion before the Appellate Division considered it.

The summary judgment was improvidently granted. The interrogatories served by plaintiff appear at least in part to have been proper. In any event, the trial court should have adjourned defendants' motion for summary judgment to permit plaintiff to prepare to meet it in the light of the court's concurrent action in striking the interrogatories...

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