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MASTER AUTO PARTS, INC. v. M. & M. SHOES, INC.

105 N.J. Super. 49 (1969)

251 A.2d 135

MASTER AUTO PARTS, INC., A CORPORATION OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. M. & M. SHOES, INC., A CORP. OF NEW JERSEY, MORRIS RUBINSTEIN, AND M & M DISCOUNT CENTER, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided March 14, 1969.

Attorney(s) appearing for the Case

Mr. Mark A. Baumgarten argued the cause for defendants-appellants (Messrs. Shevick & Ravich, attorneys).

Mr. Hyman Isaac argued the cause for plaintiff-respondent (Messrs. Reibel, Isaac & Tannenbaum, attorneys).

Before Judges SULLIVAN, FOLEY and LEWIS.

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

Defendant, pursuant to leave granted, appeals from an order of the trial court denying its application under N.J.S. 2A:18-60 to transfer a summary proceeding, for the removal of a tenant, from the county district court into the Superior Court. For reasons hereinafter detailed, we conclude that the application should have been granted.

Plaintiff is the owner-landlord of certain commercial...

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