GROSS v. PESKIN


101 N.J. Super. 468 (1968)

244 A.2d 692

LOUIS GROSS, 2ND AND PHYLLIS GROSS, PLAINTIFFS-RESPONDENTS, v. BURTON PESKIN AS EXECUTOR OF THE ESTATE OF CELIA PESKIN, DECEASED, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided June 14, 1968.


Attorney(s) appearing for the Case

Mr. Burton Peskin argued the cause for appellant (Messrs. Peskin and O'Connell, attorneys).

Mr. Joel S. Ziegler argued the cause for respondents (Mr. Sollie Wolfman, attorney).

Before Judges GAULKIN, LEWIS and KOLOVSKY.


PER CURIAM.

Defendant-executor appeals from a judgment for rent due for the last five months of a one-year lease of an apartment executed by decedent as lessee which by its express terms was "binding on the heirs, executors, administrators and assigns of both parties."

Defendant concedes that as a general rule, in the absence of a covenant otherwise providing, a lease is not terminated by the death of the lessee and the latter's personal representative is...

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