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LES GERTRUDE ASSOCIATES v. WALKO

262 N.J. Super. 544 (1993)

621 A.2d 522

LES GERTRUDE ASSOCIATES, PLAINTIFF-APPELLANT, v. CARMEN WALKO AND JOSEPH WALKO, DEFENDANTS-RESPONDENTS CROSS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided March 8, 1993.

Attorney(s) appearing for the Case

Schottland, Vernon, Aaron, Plaza & Costanza, attorneys for appellant (Barth F. Aaron, of counsel and on the brief).

Ocean-Monmouth Legal Services, Inc., attorneys for respondent (Andrea Auerbach, Staff Attorney; Joseph R. Miele, on the brief).

Before Judges DRIER, SKILLMAN and VILLANUEVA.

The opinion of the court was delivered by VILLANUEVA, J.S.C. (temporarily assigned).

Plaintiff appeals from a Special Civil Part judgment dismissing its summary dispossess action, which was based upon the tenant's theft of money from the plaintiff, because the judge found that the action was commenced in retaliation for defendants' filing a complaint before the Rent Leveling Board. Defendants have cross-appealed1 from the court's determination...

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