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FARESE v. McGARRY

237 N.J. Super. 385 (1989)

568 A.2d 89

FRANK FARESE, PLAINTIFF-APPELLANT, v. JAMES M. MCGARRY, JR., DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 18, 1989.

Attorney(s) appearing for the Case

Herbert Levenson argued the cause for appellant (Herbert Levenson, attorney; Herbert Levenson, on the brief).

Thomas A. Pavics argued the cause for respondent (Schachter, Cohn, Trombadore & Offen, attorneys; Thomas A. Pavics, on the brief).

Before Judges MICHELS and BROCHIN.

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

Defendant James M. McGarry, Jr. rented a one-family house from plaintiff Frank Farese pursuant to a written lease. Despite a notice to vacate, the tenant continued in possession for approximately six and a half months after the expiration of the term of the lease. After the tenant had moved out, the landlord sued him, seeking compensation for damage which the tenant had allegedly caused to the property, twice...

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