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BARNEY'S FURNITURE WAREHOUSE v. NEWARK

62 N.J. 456 (1973)

303 A.2d 76

BARNEY'S FURNITURE WAREHOUSE OF NEWARK, INC., KLEEN-STIK PRODUCTS, DIVISION OF COMPAC CORPORATION, LOUIS HOFFMAN & SONS CO., LOUIS HOFFMAN & CO., AND L & F FRELINGHUYSEN CORP., ALL NEW JERSEY CORPORATIONS, PLAINTIFFS-RESPONDENTS, v. THE CITY OF NEWARK, A MUNICIPAL CORPORATION, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided April 9, 1973.

Attorney(s) appearing for the Case

Mr. Jonathan Kohn argued the cause for defendant-appellant (Mr. William H. Walls, attorney).

Mr. Norman Bruck argued the cause for plaintiffs-respondents (Mr. Gilbert Ehrenkranz, attorney).

The opinion of the Court was delivered by CONFORD, P.J.A.D., Temporarily Assigned.

The Chancery Division awarded plaintiffs damages against the defendant city in the aggregate amount of about $226,000 for injury to real property and for business losses consequent upon periodic flooding over a period of years upon or adjacent to their properties on Frelinghuysen Avenue in Newark, close to the Route 22 overpass. The court also entered a mandatory injunction ordering...

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