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J.J. NUGENT CO. v. SAGNER

141 N.J. Super. 591 (1976)

359 A.2d 515

J.J. NUGENT CO., A CORPORATION OF THE STATE OF NEW JERSEY AND JOHN J. DUNN CONSTRUCTION CO. A CORPORATION OF THE STATE OF NEW JERSEY, A JOINT VENTURE, PLAINTIFFS, v. ALAN SAGNER, COMMISSIONER OF THE NEW JERSEY DEPARTMENT OF TRANSPORTATION, DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided May 12, 1976.

Attorney(s) appearing for the Case

Mr. John C. Heavey for plaintiffs (Messrs. Carpenter, Bennett & Morrissey, attorneys).

Mr. Steven A. Tasher, Deputy Attorney General, for defendant (Mr. William Hyland, Attorney General of New Jersey, attorney).

FRANCIS, A.J.S.C.

Defendant moves to transfer the venue of the within cause from Superior Court, Law Division, Atlantic County to Superior Court, Law Division, Mercer County. The underlying litigation sounds in contract. Defendant contends that R. 4:3-2(a)(2) governs the instant matter. It provides in pertinent part:

(a) Where Laid. Venue shall be laid by the plaintiff in Superior Court actions as follows: * * * (2) actions not affecting real property...

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