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


140 N.J. Super. 226 (1976)

356 A.2d 23

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

Superior Court of New Jersey, Appellate Division.

Decided March 17, 1976.


Attorney(s) appearing for the Case

Mr. David Landau argued the cause on behalf of appellant (Messrs. Hellring, Lindeman & Landau, attorneys; Mr. Nicholas W. Mc Clear on the brief).

Mr. Hugh H. Welsh argued the cause on behalf of respondent (Mr. Francis A. Mulhern, attorney).

Mr. Morton Goldfein, Deputy Attorney General, argued the cause on behalf of the Attorney General, appellant (Mr. William F. Hyland, Attorney General, attorney).

Before Judges HALPERN, CRANE and MILMED.


The opinion of the court was delivered by CRANE, J.A.D.

Plaintiff brought an action in the Chancery Division seeking essentially to compel the City of Newark to alleviate the conditions of its sewer system which allegedly caused the flooding of plaintiff's industrial property. Plaintiff learned through discovery that lands of the city had been leased to the Port Authority of New York and New Jersey on which the expanded facilities of Newark Airport were constructed...

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