ANTHONY L. PETTERS DINER, INC. v. STELLAKIS


202 N.J. Super. 11 (1985)

493 A.2d 1261

THE ANTHONY L. PETTERS DINER, INC., PLAINTIFF-APPELLANT, v. DENNIS STELLAKIS, CHRIS STELLAKIS AND JACQUES VERDI, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided April 22, 1985.


Attorney(s) appearing for the Case

Jack Goldstein argued the cause for appellant (Donald A. Wollman, attorney).

Joseph R. Postizzi argued the cause on behalf of respondents.

Before Judges MORTON I. GREENBERG, O'BRIEN and GAYNOR.


The opinion of the court was delivered by O'BRIEN, J.A.D.

At issue in this appeal is the effect of the exercise, by a lessee, of an option to purchase real estate upon the security interest of the owner-lessor, who had sold a business operated on the real estate to the lessee and had received an assignment of the lease as partial security for the balance of the purchase price. The trial judge, in a summary proceeding, ruled that the leasehold interest merged into...

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