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CALLEN v. SHERMAN'S, INC.

92 N.J. 114 (1983)

455 A.2d 1102

ANDREW B. CALLEN AND DICKSIE H. CALLEN, HIS WIFE, AND RALPH A. RUNYON, JR., AND PATRICIA S. RUNYON, HIS WIFE, T/A PARD REALTY, PLAINTIFFS-APPELLANTS, v. SHERMAN'S, INC., FLORENCE KARASIK, INDIVIDUALLY, AND JULES KARASIK, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided February 10, 1983.

Attorney(s) appearing for the Case

Leonard S. Needle argued the cause for appellants (Zager, Fuchs, Leckstein & Kauff, attorneys).

Kathleen R. Wall argued the cause for respondents (Sugarman and Wall, attorneys).

The opinion of the Court was delivered by POLLOCK, J.

This appeal questions the validity of statutes permitting a landlord to distrain the goods of a commercial tenant for unpaid rent. N.J.S.A. 2A:33-1 to -23. Specifically, the appeal presents two issues. The first issue is whether distraint by a municipal constable at the request of a landlord invokes the protection of due process accorded by the fourteenth amendment of the United States Constitution. Implicit...

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