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RESTE REALTY CORPORATION v. COOPER

53 N.J. 444 (1969)

251 A.2d 268

RESTE REALTY CORPORATION, A CORPORATION OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOY M. COOPER, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided March 17, 1969.

Attorney(s) appearing for the Case

Mr. John J. Baldino argued the cause for appellant (Messrs. Calissi, Gelman & Cuccio, attorneys).

Mr. William S. Katchen argued the cause for respondent (Mr. David N. Ravin, of counsel; Messrs. Ravin & Ravin, attorneys).

The opinion of the court was delivered by FRANCIS, J.

Plaintiff-lessor sued defendant-lessee to recover rent allegedly due under a written lease. The suit was based upon a charge that defendant had unlawfully abandoned the premises two and a quarter years before the termination date of the lease. The trial court, sitting without a jury, sustained tenant's defense of constructive eviction and entered judgment for defendant...

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