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PRESBERG v. CHELTON REALTY INC.

136 N.J. Super. 78 (1975)

344 A.2d 341

CY PRESBERG, INDIVIDUALLY AND STANDARD GASKET INC. A NEW JERSEY CORPORATION, PLAINTIFFS, v. CHELTON REALTY INC., A NEW JERSEY CORPORATION AND ELLIOT TARADASH AND MAX GROSSMAN, JOINTLY, SEVERALLY AND IN THE ALTERNATIVE, DEFENDANTS.

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

July 11, 1975.

Attorney(s) appearing for the Case

Mr. J. George Ivler appearing for plaintiffs (Mr. Robert B. Feuchtbaum and Mr. Ivler, attorneys).

Mr. Philip Tanis appearing for defendants (Mr. Michael A. Sternick and Mr. Tanis, attorneys).

SUSSER, P.J.D.C.

Plaintiff's legal argument in opposition to defendant's motion for summary judgment presents an issue of first impression. Are the provisions of N.J.S.A. 46:8-21.1 applicable to a nonresidential tenancy; that is, may a commercial tenant recover double the amount of his security upon landlord's failure to return the same within 30 days.

Plaintiff, a commercial tenant, leased nonresidential...

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