KANE v. HUDSON REAL ESTATE CO.


40 N.J. Super. 432 (1956)

123 A.2d 388

WALTER B. KANE AND EVA E. KANE, HIS WIFE, PLAINTIFFS-RESPONDENTS, v. HUDSON REAL ESTATE CO., INC., OF HACKENSACK, N.J., DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided June 20, 1956.


Attorney(s) appearing for the Case

Mr. Walter T. Wittman argued the cause for appellant (Mr. Mortimer A. Rogers, attorney).

Mr. James A. Major argued the cause for respondents (Messrs. Draesel & Dorfman, by Mr. Bernard Dorfman, attorneys; Mr. Samuel Rochlin, of counsel).

Before Judges JAYNE, FRANCIS and SCHETTINO.


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

Our consideration of the present appeal recognizes the unreported decision rendered in the Appellate Division during the summer session of 1955, the concluding passages of which we may appropriately reproduce:

"N.J.S. 2A:42-32 provides that for the purposes of the Act, lawful rental payable as of July 31, 1953 shall be deemed the lawful base rental. This necessarily means the rental actually...

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