Summary
affirming specifically on the issue of ratification
Summary of this case from Port Liberte II Condominium Ass'n v. New Liberty Residential Urban Renewal Co.Opinion
Argued April 5, 1960 —
Decided April 25, 1960.
On appeal from a judgment of the Superior Court, Appellate Division.
Mr. Richard J. Casey argued the cause for the defendant-appellant.
Mr. Harvey L. Stern argued the cause for the plaintiff-respondent ( Mr. Louis C. Josephson, attorney).
We think it unnecessary to decide whether the individual commissioner had authority to institute the action or whether defendant may inquire into the question. We agree with the majority opinion of the Appellate Division that in any event the issue was eliminated by ratification. The question whether the 6 or 16 year statute of limitations applies need not be considered.
The judgment is affirmed.
For affirmance — Chief Justice WEINTRAUB, and Justices BURLING, FRANCIS, PROCTOR, HALL and SCHETTINO — 6.
For reversal — None.