UNION MINERALS v. PORT REALTY


129 N.J. Super. 41 (1974)

322 A.2d 192

UNION MINERALS AND ALLOYS CORP., PLAINTIFF, v. PORT REALTY & WAREHOUSING CORP., ET AL, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided June 3, 1974.


Attorney(s) appearing for the Case

Messrs. Cole, Berman & Belsky, attorneys for plaintiff (Mr. Morrill J. Cole appearing).

Messrs. Kirsten, Solomon, Friedman & Cherin, attorneys for defendants (Mr. Harold Friedman appearing).


KIMMELMAN, J.S.C.

The compelling facts in this case call for the intervention of the strong arm of equity in order to forestall a breach of a lease covenant requiring possession of the demised premises to be surrendered and delivered up on or before September 30, 1974.

It is undisputed that plaintiff is the landlord under an agreement of lease with defendant Port Realty & Warehousing Corp. as tenant, covering a huge industrial building located in Kearny...

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