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MARTINIQUE REALTY CORP. v. HULL

64 N.J. Super. 599 (1960)

166 A.2d 803

THE MARTINIQUE REALTY CORP., A NEW JERSEY CORPORATION, PLAINTIFF-APPELLANT, v. REGINALD B. HULL AND MARY HULL, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided December 29, 1960.

Attorney(s) appearing for the Case

Mr. Richard E. Cherin argued the cause for plaintiff-appellant (Messrs. Lieblich & Cole, attorneys; Mr. Herbert A. Vogel, of counsel).

Mr. Roger Friedbauer argued the cause for defendants-respondents (Messrs. Friedbauer & Friedbauer, attorneys).

Before Judges CONFORD, FREUND and KILKENNY.

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

Plaintiff, the purchaser of a leasehold interest in a 55-apartment building in Passaic, commenced this suit against the tenants of one of the apartments for damages for the nonpayment of rent allegedly due and owing under the terms of a five-year written lease. Defendants asserted the defense of payment, claiming that the entire rent for the term of the lease...

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