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MONMOUTH REAL ESTATE INVESTMENT TRUST v. MANVILLE FOODLAND, INC.

196 N.J. Super. 262 (1984)

482 A.2d 186

MONMOUTH REAL ESTATE INVESTMENT TRUST, D & E REALTY COMPANY AND EDWARD M. NELSON, JR., PLAINTIFFS-APPELLANTS, v. MANVILLE FOODLAND, INC., FOODARAMA SUPERMARKETS, INC., EASTON & HOUSTON CORP., MAYFAIR SUPERMARKETS, INC., NEW LINDEN PRICE RITE, INC., AND STANLEY KAUFELT, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided October 4, 1984.

Attorney(s) appearing for the Case

Eugene W. Landy argued the cause for appellants (Landy & Spector, attorneys).

Irwin P. Burzynski argued the cause for respondents Manville Foodland, Inc., Foodarama Supermarkets, Inc., and New Linden Price Rite, Inc. (Hellring, Lindeman, Goldstein & Siegal, attorneys; Robert S. Raymar, on the brief; Bernard Hellring, Robert S. Raymar and Irwin P. Burzynski, of counsel).

Paul F. Clausen argued the cause for respondents Mayfair Supermarkets, Inc., Easton & Houston Corp., and Stanley Kaufelt (Greenbaum, Rowe, Smith, Ravin, Davis & Bergstein, attorneys; Victor A. Deutch, of counsel).

Before Judges MATTHEWS, FURMAN and COHEN.

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

Plaintiffs appeal from judgment of dismissal on motion, R. 4:37-2(b), at the close of their proofs in a jury trial on the issue of liability only. Defendants cross-appeal from the denial of costs other than taxed costs.

This litigation arises out of a lease assignment followed by a sublease of a 33,000 square foot building in a shopping center on Route 527 in Franklin Township outside the City...

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