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FLAMMIA v. MALLER

66 N.J. Super. 440 (1961)

169 A.2d 488

ROCCO T. FLAMMIA, PLAINTIFF-RESPONDENT, v. CHARLES MALLER, DEFENDANT-APPELLANT, AND THE STATE OF NEW JERSEY, DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided March 27, 1961.

Attorney(s) appearing for the Case

Mr. Jerome C. Eisenberg argued the cause for appellant (Messrs. O'Brien & Tartalsky, attorneys).

Mr. Fayette N. Talley argued the cause for respondent (Messrs. Leavitt, Talley & Krevsky, attorneys).

Before Judges GOLDMANN, FOLEY and LEWIS.

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

Plaintiff brought an action in the Chancery Division seeking partition of properties standing in the names of defendant Charles Maller and Mary Maller (formerly Mary Flammia, and now deceased). The property, as described in the amended complaint, consisted of (1) the premises at 811 Rose Parkway, Linden, N.J., in which the Mallers lived, and (2) the lot adjacent...

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