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PATERSON REDEV. AGENCY v. BIENSTOCK

123 N.J. Super. 457 (1973)

303 A.2d 598

PATERSON REDEVELOPMENT AGENCY, ETC., PLAINTIFF-RESPONDENT, v. JACK BIENSTOCK AND MARIE BIENSTOCK, HIS WIFE, MAURICE SCHNEIGEIGER AND SONIA SCHNEIGEIGER, HIS WIFE, DEFENDANTS-APPELLANTS, AND ALEXANDER HAMILTON SAVINGS AND LOAN ASSOCIATION, ETC., DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided April 16, 1973.

Attorney(s) appearing for the Case

Mr. Edward D. McKirdy argued the cause for the appellants (McKirdy and Riskin, attorneys).

Mr. Charles T. Murphy, Jr., argued the cause for the respondent (Jeffer, Walter, Tierney, DeKorte, Hopkinson & Vogel, attorneys).

Before Judges LORA, ALLCORN and HANDLER.

PER CURIAM.

Our review of the record persuades us that there was error in the trial of this proceeding prejudicial to defendants and requiring a reversal.

The trial court should not have barred counsel for defendants from cross-examining plaintiff's expert, out of the presence of the jury, on the question of the comparability of the February 11, 1969 sale of the premises at 21 Carroll Street, Paterson, since comparability is a question for the court in the...

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