MOORESTOWN MGMT. v. MOORESTOWN BOOKSHOP, ET AL.


104 N.J. Super. 250 (1969)

249 A.2d 623

MOORESTOWN MANAGEMENT, INC., SUCCESSOR TO MOORESTOWN CENTER, INC. AND MOORESTOWN MALL MERCHANTS ASSOCIATION, INC., PLAINTIFFS v. MOORESTOWN BOOKSHOP, INC., t/a PAPER BACK DEN, ROCCO A. DI PALMO AND WILLIAM G. THOMPSON t/a BIG TOP OF MOORESTOWN MALL, INC. AND ROCCO A. DI PALMO, ASSIGNEE, WALTER J. HAGEN t/a STAMP KORNER, CHARLES SIBBITTS t/a MARI'S JEWELERS, GINZA, INC., EDISON NEW JERSEY STORES, INC. t/a BAKER'S SHOES, ALEXANDER R. CUNNINGHAM AND PATRICIA B. CUNNINGHAM, HIS WIFE, AND MERVIN HANDLER AND FLORA HANDLER, HIS WIFE, ASSIGNEES, t/a CLASSIC ONE HOUR CLEANERS, MURRAY ROTHENBERG AND MERCEDES MARINELLI t/a MERCEDES TIES AND ZOLTAN SCHWARTZ t/a ZOLTAN TIES, ASSIGNEE, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided January 22, 1969.


Attorney(s) appearing for the Case

Mr. Antonio R. Cioffi, attorney for plaintiffs.

Mr. Charles Lee Harp, Jr. for defendant Edison New Jersey Stores, Inc. (Messrs. Archer, Greiner, Hunter & Read, attorneys).

Mr. Edward N. Adourian, Jr. for defendant Zoltan Schwartz (Messrs. Plone, Tomar, Parks and Seliger, attorneys).


WICK, J.S.C.

In this suit the landlord and a third-party beneficiary under various leases seek a declaratory judgment for the purpose of determining the rights and obligations of the parties who have interests under the leases. N.J.S.A. 2A:16-50 et seq. Plaintiffs also seek specific performance of certain provisions of the leases. The operative facts are set forth below.

Plaintiff Moorestown Management, Inc. ("Moorestown") is the owner...

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