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MALTESE v. LUCIANO

3 N.J. 130 (1949)

69 A.2d 205

JAMES MALTESE, PLAINTIFF-APPELLANT, v. ROSE LUCIANO, DEFENDANT-RESPONDENT, AND ELSIE McMULLEN AND PETER LUCIANO, INTERVENORS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided November 14, 1949.

Attorney(s) appearing for the Case

Mr. Samuel H. Nelson argued the cause for appellant (Mr. Jack Trugman, attorney).

Mr. Robert E. Rosenberg argued the cause for respondents. (Messrs. Brass & Brass, attorneys).

The opinion of the court was delivered by CASE, J.

The matter is here on our own certification. It is a landlord and tenant action wherein the landlord refused to accept proffered rental payments upon the ground that they were so conditioned as to make for a substitution of tenants without his consent. The tenant, according to his contention, was Rose Luciano. Those who made effort to pay, but not under Rose Luciano's tenancy...

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