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WEISS v. I. ZAPINSKY, INC.

65 N.J. Super. 351 (1961)

167 A.2d 802

MOSES WEISS, PLAINTIFF-RESPONDENT, v. I. ZAPINSKY, INC., A NEW JERSEY CORPORATION, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 14, 1961.

Attorney(s) appearing for the Case

Mr. Jack Ballan argued the cause for appellant.

Mr. Thomas J. Brady argued the cause for respondent (Messrs. Milton, McNulty & Augelli, attorneys; Mr. Joseph Keane, of counsel; Mr. Brady, on the brief).

Before Judges GOLDMANN, FOLEY and HALPERN.

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

Defendant tenant appeals from a Law Division judgment in plaintiff-landlord's favor on its counterclaim for loss of profits, expenses and damages resulting from an alleged constructive eviction, and granting plaintiff judgment of $4,050 for loss of rentals under the lease. That judgment also awarded defendant $14,106.75 on its counterclaim for damage to goods, wares and merchandise resulting from plaintiff...

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