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WADE v. SIX PARK VIEW CORP.

27 N.J. Super. 469 (1953)

99 A.2d 589

MARY P. WADE, PLAINTIFF-APPELLANT, v. SIX PARK VIEW CORP., DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided October 2, 1953.

Attorney(s) appearing for the Case

Mr. Weidner Titzck argued the cause for plaintiff-appellant (Mr. Joseph Pierce Lodge, attorney).

Mr. Samuel P. Orlando argued the cause for defendant-respondent (Messrs. Orlando, Devine & Tomlin, attorneys).

Before Judges CLAPP, GOLDMANN and EWART.

PER CURIAM.

The judgment appealed from is affirmed for the reasons stated in the opinion of Judge Palese reported at 25 N.J.Super. 433 (Cty. Ct. 1953).

This is a case of nonfeasance, not as plaintiff contends upon the appeal, one of affirmative negligence on the part of the landlord. In cases comparable to that presented here, it is widely held that the landlord has a clear right, through an exculpatory clause...

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