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JENKINS v. KAPLAN

53 N.J. Super. 582 (1959)

148 A.2d 33

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

Superior Court of New Jersey, Appellate Division.

Decided January 26, 1959.

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 SCHETTINO, HALL and GAULKIN.

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

This is an action by a tenant for restitution, on the theory of unjust enrichment, of rents paid to defendant landlord from July 1, 1956 to August 1, 1957 in excess of the lawful maximum fixed by ordinances of Union City adopted under the authority of L. 1956, c. 146; N.J.S. 2A:42-56. The Hudson County District Court entered judgment for defendant, after trial without a jury, and...

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