KLIGMAN v. LAUTMAN


91 N.J. Super. 488 (1966)

221 A.2d 231

JOEL KLIGMAN AND MARCIA KLIGMAN, PLAINTIFFS-RESPONDENTS, v. SOLOMON LAUTMAN, DANIEL S. KRUMAN AND RALPH W. CAMPBELL, ETC., ET AL., DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided June 22, 1966.


Attorney(s) appearing for the Case

Mr. Henry J. Saling argued the cause for appellants (Messrs. Stout & O'Hagan, attorneys).

Mr. Jerome S. Lieb argued the cause for respondents (Messrs. Harkavy and Lieb, attorneys; Mr. Abraham I. Harkavy, of counsel).

Before Judges CONFORD, KILKENNY and LEONARD.


PER CURIAM.

Preliminarily, we are not in accord with the manner in which summary judgment was entered for plaintiffs in this case. The map on which judgment was entered was not that upon the basis of which the action was filed. There were neither amended pleadings concerning the denial of approval of the revised map nor any hearing before the court on the merits of that denial. Summary judgment was entered apparently on the mere submission to the court of proof of...

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