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ALEXANDER'S v. ARNOLD CONSTABLE

105 N.J. Super. 14 (1969)

250 A.2d 792

ALEXANDER'S DEPARTMENT STORES OF NEW JERSEY, INC., A NEW JERSEY CORPORATION, AND EXANDER PROPERTIES, INC., A NEW JERSEY CORPORATION, PLAINTIFFS, v. ARNOLD CONSTABLE CORPORATION, A NEW JERSEY CORPORATION, DEFENDANT. ARNOLD CONSTABLE CORPORATION, A CORPORATION, PLAINTIFF, v. ESSEX GREEN SHOPPING PLAZA ASSOCIATES, ESSEX GREEN, INC., SOL G. ATLAS, WILLIAM DOELGER, PROSPECT ACRES, INC. AND PLEASANT ACRES COMPANY, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided February 28, 1969.

Attorney(s) appearing for the Case

Mr. Morris M. Schnitzer for Alexander's Department Stores of New Jersey, Inc., Exander Properties, Inc., Essex Green, Inc., Essex Green Shopping Plaza Associates, Sol G. Atlas, Prospect Acres, Inc. and Pleasant Acres Company (Messrs. Kasen, Schnitzer & Kraemer, attorneys).

Mr. Murry D. Brochin for Arnold Constable Corporation (Messrs. Lowenstein, Sandler, Brochin & Kohl, attorneys).

MINTZ, J.S.C.

This matter is before the court on Arnold Constable Corporation's ("Arnold Constable") motion for summary judgment. In the first-captioned proceeding Alexander's Department Stores of New Jersey, Inc. ("Alexander's") and its subsidiary, Exander Properties, Inc. ("Exander"), seek a declaratory judgment that certain restrictions in Arnold Constable's recorded lease of premises in the Essex Green Shopping Plaza in West Orange, New Jersey, do not bar Alexander...

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