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DELBRIDGE v. JANN HOLDING COMPANY

164 N.J. Super. 506 (1978)

397 A.2d 356

ESSIE DELBRIDGE, PLAINTIFF-APPELLANT, v. JANN HOLDING COMPANY, A CORPORATION OF THE STATE OF NEW JERSEY, AND JAMES NICHOLSON, DEFENDANTS AND THIRD-PARTY PLAINTIFFS-RESPONDENTS, ADOLPH DELBRIDGE, THIRD-PARTY DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided December 26, 1978.

Attorney(s) appearing for the Case

Mr. Gregory G. Diebold argued the cause for appellant (Mr. Timothy K. Madden, Director, Hudson County Legal Services, attorney).

Mr. Robert C. Diorio argued the cause for respondents (Messrs. Beninato, Diorio & Grimaldi, attorneys).

Before Judges LORA, MICHELS and LARNER.

The opinion of the court was delivered by MICHELS, J.A.D.

This appeal arises out of the alleged breach by defendant Jann Holding Company of an oral agreement to lease to plaintiff Essie Delbridge an apartment on a month-to-month basis. The trial judge held that in the absence of some unusual circumstance or unique situation a lease or a leasehold interest in real property was not subject to specific performance, and that plaintiff had an adequate

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