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TONTODONATI v. CITY OF PATERSON

229 N.J. Super. 475 (1989)

551 A.2d 1046

NICHOLAS TONTODONATI, PLAINTIFF-APPELLANT, v. THE CITY OF PATERSON, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided January 5, 1989.

Attorney(s) appearing for the Case

Seymour M. Karas argued the cause for appellant (Kreiger, Karas, Kilstein, Kopf & Baime, attorneys; Jeffrey R. Youngman, on the brief).

Jessica G. de Koninck, Assistant Corporation Counsel, argued the cause for respondent (Ralph L. DeLuccia, Jr., attorney; Jessica G. de Koninck, on the brief).

Before Judges KING, BRODY and ASHBEY.

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

At issue in this appeal are the damages due an assignee of a municipal tax sale certificate which is invalid as a result of municipal error. In Manor Real Estate & Trust Co. v. City of Linden, 8 N.J.Super. 114, 116-117 (App.Div. 1950), we held that the assignee was not entitled to any refund. We now hold that the assignee is entitled to a refund plus lawful...

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