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LARSTAN INDUSTRIES v. RES-ALIA HOLDING CO.

96 N.J. Super. 37 (1967)

232 A.2d 440

LARSTAN INDUSTRIES, INC., A NEW JERSEY CORPORATION, PLAINTIFF-APPELLANT, v. RES-ALIA HOLDING COMPANY, A NEW JERSEY CORPORATION, ET AL., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided July 11, 1967.

Attorney(s) appearing for the Case

Mr. A. Walter Socolow, of the New York Bar, argued the cause for appellant, Larstan Industries, Inc. (Messrs. O'Brien, Tartalsky & Clott, attorneys; Mr. George Clott, on the brief).

Mr. Daniel Crystal argued the cause for respondent, Res-Alia Holding Company (Messrs. Cohn & Lifland, attorneys).

Mr. Francis P. Morley argued the cause for respondents, American Casualty Company of Reading, Pennsylvania, Hartford Fire Insurance Company, Boston Insurance Company, and Travelers Indemnity Company (Mr. Bernard D. Kaufman, attorney).

Before Judges GAULKIN, LEWIS and LABRECQUE.

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

By lease dated April 16, 1959 and an amendment thereto dated October 8 and executed October 16, 1963, Larstan leased a factory building from Res-Alia. The total agreement (hereafter the lease) contained the usual provisions for the tenant to "take good care of the premises" and make all repairs except structural, plumbing and similar major work and to "comply...

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