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COUEY v. STERLING

224 N.J. Super. 581 (1988)

540 A.2d 1359

SHIRLEY COUEY AND CLARENCE LAWTON, PLAINTIFFS, v. BARBARA STERLING, DEFENDANT.

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

Decided January 25, 1988.

Attorney(s) appearing for the Case

Timothy N. Tuttle for plaintiffs.

Diane Margolin for defendant (Bergen County Legal Services, attorneys).

EICHEN, J.S.C.

This summary dispossess action raises the novel question whether the "owner-occupied premises" exception contained in N.J.S.A. 2A:18-61.1 (the Anti-Eviction Act, hereinafter "the Act") includes owner-occupied premises with two rental units where one of the units is a commercial unit and the other residential.

N.J.S.A. 2A:18-61.1 provides in relevant part:

No lessee or tenant ... may be removed by the County District Court...

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