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EVANS-ARISTOCRAT IND., INC. v. CITY OF NEWARK

129 N.J. Super. 437 (1974)

324 A.2d 65

EVANS-ARISTOCRAT INDUSTRIES, INC., A NEW JERSEY CORPORATION, PLAINTIFF, v. CITY OF NEWARK, A MUNICIPAL CORPORATION, DEFENDANT AND THIRD-PARTY PLAINTIFF, v. PORT AUTHORITY OF NEW YORK AND NEW JERSEY, A CORPORATION, THIRD-PARTY DEFENDANT.

Superior Court of New Jersey, Chancery Division.

Decided July 17, 1974.

Attorney(s) appearing for the Case

Messrs. Hellring, Lindeman & Landau, attorneys for plaintiff (Mr. David Landau, appearing).

Mr. Jonathan Kohn, attorney for defendant and third-party plaintiff City of Newark.

Mr. Francis A. Mulhern and Hugh H. Welsh, attorneys for third-party defendant Port Authority of New York and New Jersey.

Mr. William F. Hyland, Attorney General of New Jersey, intervenor (Mr. Robert S. Schulman, Deputy Attorney General, appearing).

KIMMELMAN, J.S.C.

At issue here is the extent to which the Port Authority of New York and New Jersey (Port Authority) may be subjected to injunction suits sanctioned by the Attorney General of New Jersey pursuant to the discretion vested in him by N.J.S.A. 32:1-161 to waive that agency's sovereign immunity from suit.

The precise question is whether a private litigant, plaintiff Evans-Aristocrat Industries...

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