GOTTDIENER v. MAILHOT


179 N.J. Super. 286 (1981)

431 A.2d 851

ALEXANDER GOTTDIENER AND ERNEST GOTTDIENER, PARTNERS, T/A OAKWOOD VILLAGE ASSOCIATES, PLAINTIFFS-APPELLANTS, v. PAUL N. MAILHOT AND JANET M. MAILHOT, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 10, 1981.


Attorney(s) appearing for the Case

Philip B. Vinick argued the cause for appellants (Weltchek, Prupis & Ritz, attorneys).

David C. Pennella argued the cause for respondents (Hugh E. DeFazio, Jr., attorney).

Before Judges MICHELS, KOLE and ARD.


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

The primary question on this appeal is whether defendants, former tenants in plaintiffs' apartment complex, may invoke the remedy of constructive eviction by reason of plaintiffs' claimed failure to take sufficient measures to protect defendants from excessively noisy and unruly neighboring tenants.

Plaintiffs sought rent (at the rate of $400 a month) for the months of September, October and November 1979...

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