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CIMA v. ELLIOTT

224 N.J. Super. 436 (1988)

540 A.2d 918

ADRIENNE CIMA, PETER CIMA, CHRISTOPHER CIMA AND MARYELLEN CIMA, PLAINTIFFS, v. GILDA ELLIOTT, DEFENDANT.

Superior Court of New Jersey, Law Division Special Civil Part, Bergen County (Tenancy).

Decided January 25, 1988.

Attorney(s) appearing for the Case

Martin T. Durkin for plaintiffs (Durkin & Boggia, attorneys).

Ronald Schwartz for defendant.

EICHEN, J.S.C.

This summary dispossess action raises the narrow but novel question whether the statutory term "owner" as used in N.J.S.A. 2A:18-61.1 l(3) of the Anti-Eviction Act (hereinafter "the Act") includes one of several joint tenants. This court concludes that it does.

The pertinent facts are as follows:

On October 15, 1985 plaintiffs acquired title to a two-family house located...

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