Stokes v. Township of Piscataway

Supreme Court of New Jersey

Stokes v. Township of Piscataway

606 A.2d 353, 127 N.J. 534

Supreme Court of New Jersey·Decided December 31, 1991·Published

Opinion

Leave to appeal is granted, and the order of the trial court is summarily modified to permit plaintiff to perform only such roofing and siding work as may be necessary to protect the structure from damage during the pendency of the litigation; and it is further

ORDERED that any such work shall be undertaken at plaintiffs own risk and without prejudice to the township’s right to have such work removed on completion of the litigation should plaintiff fail to prevail. See Rowatti v. Gonchar, 101 N.J. 46, 500 A.2d 381 (1985). Jurisdiction is not retained.

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Leave to appeal is granted, and the order of the trial court is summarily modified to permit plaintiff to perform only such roofing and siding work as may be necessary to protect the structure from damage during the pendency of the litigation; and it is further

ORDERED that any such work shall be undertaken at plaintiffs own risk and without prejudice to the township’s right to have such work removed on completion of the litigation should plaintiff fail to prevail. See Rowatti v. Gonchar, 101 N.J. 46, 500 A.2d 381 (1985). Jurisdiction is not retained.

Stokes v. Township of Piscataway, 606 A.2d 353, 127 N.J. 534 (N.J. 1991).

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