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GOODYEAR v. KIN PROPERTIES

276 N.J. Super. 96 (1994)

647 A.2d 478

THE GOODYEAR TIRE AND RUBBER COMPANY, AN OHIO CORPORATION, PLAINTIFF/RESPONDENT, v. KIN PROPERTIES, INC., A CORPORATION; MERCANTILE BANK, N.A., SUCCESSOR TO MERCANTILE TRUST COMPANY, A MISSOURI CORPORATION, INDIVIDUALLY AND AS TRUSTEE; AND CARL P. SCHULZE, SUCCESSOR INDIVIDUAL TRUSTEE, DEFENDANTS/APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided September 27, 1994.

Attorney(s) appearing for the Case

Peter R. Bray argued the cause for appellants (Bray, Chiocca, Rappaport & Rothstadt, attorneys; Mr. Bray and Garry S. Rothstadt, on the brief).

Pamela Lee Matarrese argued the cause for respondent (Vaida & Manfreda, attorneys; M. Anthony Vaida, Ms. Matarrese and Paul E. Pisano, on the brief).

Before Judges DREIER, VILLANUEVA and WEFING.

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

Defendants appeal from a declaratory judgment holding that plaintiff's notice of intent to renew a lease sent prematurely was effective to extend the subject lease. We reject defendants' contention that the notice was ineffective because it was sent prior to the window time period specified in the lease and we therefore affirm.

Plaintiff, The Goodyear...

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