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PMS REALTY CO. v. GUARINO

126 N.J. Super. 134 (1973)

312 A.2d 898

PMS REALTY CO. INC., ADMINISTRATOR, PLAINTIFF, v. NANCY GUARINO, DORIS NICKENS, JEANETTE WIGGINS, DEFENDANTS.

Superior Court of New Jersey, District Court — Essex County.

Decided December 5, 1973.

Attorney(s) appearing for the Case

Mr. Harvey Blaustein for plaintiff (Mr. Herbert Blaustein, attorney).

Mr. John D. Atlas of the Essex County Legal Services, for defendants.

ALBANO, J.D.C.

These landlord-tenant cases were tried together and present two common questions for determination: (1) In a month-to-month tenancy, was service on the first day of one month of a notice to quit and demand for possession on the first day of the following month sufficient? (2) Was the defense of reprisal under N.J.S.A. 2A:42-10.10 established?

The proofs support a finding that on June 1, 1973 a proper notice to quit and demand for possession...

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