TUMARKIN v. GOLDSTEIN


33 N.J. Super. 46 (1954)

109 A.2d 435

ALLAN L. TUMARKIN, AS ASSIGNEE FOR THE BENEFIT OF CREDITORS OF EDAN SHOPS, INC., PLAINTIFF-APPELLANT, v. MORTON GOLDSTEIN, ROBERT GOLDSTEIN AND JOHN BERTONE, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided November 17, 1954.


Attorney(s) appearing for the Case

Mr. Allan L. Tumarkin argued the cause for the plaintiff-appellant.

Mr. Louis Gluck argued the cause for the defendants-respondents.

Before Judges EASTWOOD, GOLDMANN and SCHETTINO.


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

On July 12, 1950 Edan Shops, Inc., entered into a lease agreement with the defendants Morton Goldstein and Robert Goldstein (hereinafter referred to as the "landlords") for premises situate in Union City, New Jersey, for the term commencing July 15, 1950 and ending February 28, 1954, at the monthly rental of $375, payable on the first day of each month in advance. The tenant deposited with the landlords...

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