BURNSTINE v. MARGULIES


18 N.J. Super. 259 (1952)

87 A.2d 37

ISABELLA BURNSTINE, PLAINTIFF-APPELLANT, v. MORRIS MARGULIES, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 12, 1952.


Attorney(s) appearing for the Case

Mr. Norman Heine argued the cause for the appellant (Messrs. Heine and Heine, attorneys).

Mr. Samuel P. Orlando argued the cause for the respondent (Messrs. Orlando, Devine & Tomlin, attorneys; Mr. Joseph Rappaport, of counsel).

Before Judges JACOBS, EASTWOOD and BIGELOW.


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

This action grows from a fire that occurred in the evening of September 19, 1949, and, according to the complaint, "destroyed a substantial part" of a store building in the city of Camden, which was leased by the plaintiff-appellant as landlord to the defendant-respondent as tenant. A dispute arose between the parties; the building was not repaired; the tenant ceased to pay rent; a summary judgment for possession...

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