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405 MONROE CO. v. CITY OF ASBURY PARK

40 N.J. 457 (1963)

193 A.2d 115

405 MONROE COMPANY, A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. CITY OF ASBURY PARK, A MUNICIPAL CORPORATION, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided July 1, 1963.

Attorney(s) appearing for the Case

Mr. Isadore Glauberman argued the cause for appellant (Mr. Sheldon A. Weiss, on the brief; Messrs. Stout and O'Hagan, attorneys).

Mr. Robert V. Carton argued the cause for respondent (Mr. James D. Carton, III, on the brief; Mr. Ascenzio R. Albarelli, attorney).

The opinion of the court was delivered by WEINTRAUB, C.J.

This action arose out of an agreement whereby plaintiff leased its property to defendant municipality for a term of 25 years, to commence upon the completion of extensive alterations which plaintiff undertook to make. Plaintiff sought specific performance or alternatively damages for breach. Because of the death of the trial judge, the matter was assigned to another judge for decision upon the stenographic...

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