RINGWOOD ASSOCS. LTD. v. JACK'S OF ROUTE 23, INC.


166 N.J. Super. 36 (1979)

398 A.2d 1315

RINGWOOD ASSOCIATES, LTD., A NEW JERSEY LIMITED PARTNERSHIP, PLAINTIFF-APPELLANT, v. JACK'S OF ROUTE 23, INC., A NEW JERSEY CORPORATION, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided February 13, 1979.


Attorney(s) appearing for the Case

Mr. Richard L. Zucker argued the cause for appellant (Messrs. Lasser, Lasser, Sarokin & Hochman, attorneys).

Mr. Lawrence D. Katz argued the cause for respondent (Messrs. Scangarella & Feeney, attorneys).

Before Judges CONFORD, PRESSLER and KING.


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

The principal issue in dispute between plaintiff landlord, owner of a neighborhood shopping center, and defendant tenant, formerly the operator of a small clothing store in the center, is whether the tenant was justified in vacating the premises before the end of the term because the landlord breached the lease by unreasonably withholding its consent to an assignment of subletting. The trial judge, in an opinion...

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