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PIVNICK v. SEABOARD SUPPLY CO.

30 N.J. Super. 605 (1954)

105 A.2d 695

MORRIS PIVNICK AND BERTHA PIVNICK, PLAINTIFFS, v. SEABOARD SUPPLY CO., A NEW JERSEY CORPORATION, AND JOSEPH SOCHOR, TRADING AS IRVINGTON AUTO PAINTING & BODY REPAIR COMPANY, DEFENDANTS.

Superior Court of New Jersey, Essex County Court.

Decided May 25, 1954.

Attorney(s) appearing for the Case

Messrs. Riker, Emery & Danzig (Mr. Charles Danzig appearing), attorneys for plaintiffs.

Mr. William Krupkin, attorney for defendants.

GAULKIN, J.C.C.

Plaintiffs, landlords, seek summary judgment against defendant tenant Seaboard Supply Co., and sub-tenant Joseph Sochor, for possession of the leased premises.

The lease provides:

"* * * the tenant shall, in case of fire, give immediate notice thereof to the landlord who shall thereupon cause the damage to be repaired forthwith; but if the premises be so damaged that the landlord shall decide to rebuild, the term shall cease and the...

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