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CAPASSO v. L. PUCILLO & SONS, INC.

132 N.J. Super. 473 (1974)

334 A.2d 334

FRANK CAPASSO, t/a CAPASSO BROS., AND ROBERT LAUDATI, PLAINTIFFS-RESPONDENTS, v. L. PUCILLO & SONS, INC. AND THE TOWN OF BELLEVILLE, DEFENDANTS-APPELLANTS. RICHARD W. DILL AND JAMES PETROZELLO CO., INC., A NEW JERSEY CORPORATION, PLAINTIFFS-RESPONDENTS, v. TOWN OF BELLEVILLE AND THE BOARD OF COMMISSIONERS OF THE TOWN OF BELLEVILLE AND L. PUCILLO & SONS, INC., DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided June 28, 1974.

Attorney(s) appearing for the Case

Mr. Mark D. Larner argued the cause for appellants (Messrs. Budd, Larner, Kent, Gross & Picillo, attorneys for appellant L. Pucillo & Sons, Inc.; Mr. John R. Scott, attorney for appellant Town of Belleville).

Mr. David Samson argued the cause for respondents (Messrs. Lieb, Wolff & Samson, attorneys).

Before Judges KOLOVSKY, FRITZ and CRANE.

PER CURIAM.

The judgment is affirmed substantially for the reasons set forth by Judge Kimmelman in his opinion, to which we add the following comments.

There is no merit to defendants' contention that the Legislature, by enacting the Local Public Contracts Law, L. 1971, c. 198; N.J.S.A. 40A:11-1 et seq., impliedly repealed N.J.S.A. 40:66-4 which provides in pertinent part that:

The governing body [of a municipality] may...

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