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HUTCHINSON v. DAMIN CORP.

154 N.J. Super. 360 (1977)

381 A.2d 405

MIRIAM H. HUTCHINSON AND LEON BOMSTEIN AND CHARLES BURTON, PARTNERS TRADING AS MILFAN ASSOCIATES, PLAINTIFFS-APPELLANTS, v. DAMIN CORP., A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT, AND WASHINGTON SAVINGS BANK, A BANKING CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided November 29, 1977.

Attorney(s) appearing for the Case

Mr. Murray Greiman argued the cause for appellant Miriam H. Hutchinson (Mr. Solomon Lubow, attorney; Mr. Michael F. Reilly, on the brief).

Mr. Michael F. Reilly argued the cause for appellants Leon Bomstein and Charles Burton, partners trading as Milfan Associates.

Ms. Bernice B. Stein argued the cause for respondent (Messrs. Riker, Danzig, Scherer & Debevoise, attorneys; Mr. Frank J. Miele, of counsel).

Before Judges MICHELS, PRESSLER and LORA.

PER CURIAM.

Plaintiffs appeal from a summary judgment of the Chancery Division declaring that an access easement over a portion of property owned by plaintiff Miriam B. Hutchinson granted to defendant Washington Savings Bank's predecessor in title was valid and enforceable and did not require subdivision approval by the Jersey City Planning Board. Judge Kentz held that the easement did not constitute a minor subdivision within the intendment of the Municipal Planning...

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