BERZITO v. GAMBINO


114 N.J. Super. 124 (1971)

274 A.2d 865

LILIAS BERZITO, PLAINTIFF, v. VINCENT GAMBINO, DEFENDANT.

Superior Court of New Jersey, District Court, Union County.

Decided March 5, 1971.


Attorney(s) appearing for the Case

Mr. Nicholas J. Schuldt, of the Union County Legal Services for plaintiff.

Mr. Joseph J. Triarsi for defendant (Messrs. Pisano and Triarsi, attorneys).


McKENZIE, J.D.C.

Presented to the court in this case is the question whether a tenant may recover from the landlord all or a portion of the rent paid in full during a period when the landlord had breached his warranty of habitability.

In June 1968 plaintiff rented from defendant the first-floor apartment at 608 Montgomery Street, Elizabeth, New Jersey. When the second-floor tenants moved out in September she requested permission from the landlord to move to...

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