Tremarco Corporation v. Garzio

The opinion of the court was delivered by

Sohettino, J.

This appeal is from a unanimous reversal by the Appellate Division of a judgment of the Superior Court, Law Division ordering defendants to reissue a building permit to plaintiff for the erection of a public garage and a gasoline station.

On June 17, 1959 plaintiff filed a notice of appeal and simultaneously a notice of petition for certification. Defendants thereafter moved to dismiss the appeal alleging that plaintiff had no right to appeal under B. B. 1:2-l. We find it unnecessary to decide the motion as we shall determine the cause as…