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DURRUTHY v. BRUNERT

228 N.J. Super. 199 (1988)

549 A.2d 456

JOSE AND ESTELLA DURRUTHY, PLAINTIFFS-RESPONDENTS, v. ALEXANDER BRUNERT, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 19, 1988.

Attorney(s) appearing for the Case

Cesar E. Torres argued the cause for appellant (Hudson County Legal Services Corp., attorneys).

Susan B. Persky, of the Massachusetts Bar, admitted pro hac vice, argued the cause for respondents (Persky & Persky, attorneys).

Before Judges GAULKIN, BILDER and R.S. COHEN.

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

The principal issue raised in this tenancy appeal is whether the owner of a building having two residential and two commercial units can properly invoke N.J.S.A. 2A:18-61.1(l)(3), which permits the owner of a building "of three residential units or less" to remove a tenant upon a showing that he "seeks to personally occupy a unit." We hold that the owner of a mixed-use building does have recourse...

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