JENKINS v. KAPLAN


50 N.J. Super. 274 (1958)

141 A.2d 802

GLORY JENKINS, PLAINTIFF-APPELLANT, v. YETTA KAPLAN, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 26, 1958.


Attorney(s) appearing for the Case

Mr. George Rothstein argued the cause for plaintiff-appellant.

Mr. Edward J. Lynch argued the cause for defendant-respondent (Mr. Cyril J. McCauley, attorney).

Before Judges GOLDMANN, FREUND and CONFORD.


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

The questions presented by this appeal concern the availability of the remedy of restitution to the plaintiff tenant of rents paid to the defendant landlord in excess of the lawful maximum under federal, state and local rent control legislation, on the theory of unjust enrichment.

On October 23, 1957 plaintiff instituted the present action in the Hudson...

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