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KELLY v. ALSTORES REALTY CORP.

130 N.J. 313 (1992)

613 A.2d 1163

SADIE E. KELLY, PLAINTIFF-APPELLANT, v. ALSTORES REALTY CORPORATION, A DELAWARE CORPORATION AND BERGEN MALL PARTNERSHIP, DEFENDANTS-RESPONDENTS, AND ALLIED STORES CORPORATION, A DELAWARE CORPORATION, THE EDWARD J. DEBARTOLO CORPORATION, AN OHIO CORPORATION, AND DOES 2 THROUGH 10, PERSONS AND CORPORATIONS UNKNOWN, DEFENDANTS.

The Supreme Court of New Jersey.

Decided October 22, 1992.

Attorney(s) appearing for the Case

Peter N. Perretti, Jr., argued the cause for appellant (Riker, Danzig, Scherer, Hyland & Perretti, attorneys; James S. Rothschild, Jr., of counsel; Mr. Rothschild and Kendall E. James, on the briefs).

E. Neal Zimmermann argued the cause for respondent Bergen Mall Partnership (Waters, McPherson, McNeill, attorneys; Mr. Zimmermann and Perry Florio, on the briefs).

William T. Reilly argued the cause for respondent Alstores Realty Corporation (McCarter & English, attorneys).

The opinion of the Court was delivered by BROCHIN, J.A.D. (temporarily assigned).

Plaintiff Sadie Kelly owns approximately one acre of real estate adjacent to New Jersey Route 4 in Paramus, New Jersey. In 1954, defendant Alstores Realty Corporation leased the property from her for ninety-nine years to form part of the area that it intended to develop for a shopping center.

Ms. Kelly's real estate is now part of Bergen Mall, a giant shopping center containing...

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