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KELLY v. ALSTORES REALTY CORP.

250 N.J. Super. 11 (1991)

593 A.2d 347

SADIE E. KELLY, PLAINTIFF-RESPONDENT AND CROSS APPELLANT, v. ALSTORES REALTY CORPORATION, A DELAWARE CORPORATION; ALLIED STORES CORPORATION, A DELAWARE CORPORATION; THE EDWARD J. DEBARTOLO CORPORATION, AN OHIO CORPORATION; BERGEN MALL PARTNERSHIP, DEFENDANTS-APPELLANTS AND CROSS RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided July 3, 1991.

Attorney(s) appearing for the Case

E. Neal Zimmerman argued the cause for appellants Bergen Mall Partnership and Edward J. DeBartolo Corporation (Waters, McPherson, McNeill, attorneys).

James S. Rothschild, Jr. argued the cause for respondent Sadie E. Kelly (Riker, Danzig, Scherer, Hyland & Perretti, attorneys).

William T. Reilly argued the cause for appellant Alstores Realty Corporation and Allied Stores Corporation (McCarter & English, attorneys).

Before Judges MICHELS, GRUCCIO and D'ANNUNZIO.

PER CURIAM.

The issue is whether the voluntary dissolution of a corporate lessee, after the valid assignment of its rights under the lease, constitutes a breach of the lease entitling the lessor to a judgment of possession.

On July 28, 1954, plaintiff, as lessor, leased a one-acre lot to defendant, Alstores Realty Corp. (Alstores) for a 99 year term. The lease was for an annual rent of $10,500 for the first four

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