AEON REALTY CO. v. ARTH


144 N.J. Super. 309 (1976)

365 A.2d 477

AEON REALTY COMPANY, A CORPORATION, PLAINTIFF-APPELLANT, v. THOMAS ARTH AND ELIZABETH ARTH, HIS WIFE, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided October 4, 1976.


Attorney(s) appearing for the Case

Mr. Joseph F. Rubacky, Jr., attorney for appellant.

There was no appearance on behalf of respondents.

Before Judges FRITZ, CRAHAY and ARD.


PER CURIAM

In this county district court tenancy action plaintiff landlord appeals from the dismissal of its complaint by the trial judge on his own motion. There was no hearing on the factual allegations pled in the complaint praying for possession. The judge essentially concluded:

* * * this apparently one of those older lease arrangements where the property owner continues to own the land and the building owner continues to own and improve the building...

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