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HAREL ASSOC. v. COOPER HEALTHCARE

271 N.J. Super. 405 (1994)

638 A.2d 921

HAREL ASSOCIATES, A NEW JERSEY PARTNERSHIP, PLAINTIFF-APPELLANT/CROSS-RESPONDENT, v. COOPER HEALTHCARE PROFESSIONAL SERVICES, INC., A NEW JERSEY CORPORATION, AND COOPER HOSPITAL/UNIVERSITY MEDICAL CENTER, A NEW JERSEY NONPROFIT CORPORATION, DEFENDANTS-RESPONDENTS/CROSS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided March 21, 1994.

Attorney(s) appearing for the Case

Cuyler, Burk & Matthews, attorneys for appellant/cross-respondent (Edwin R. Matthews, of counsel; Peter Petrou and Robert P. Kramer, on the brief).

Archer & Greiner, attorneys for respondents/cross-appellants (Sean T. O'Meara, on the brief).

Before Judges J.H. COLEMAN, MUIR, Jr., and THOMAS.

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

In this commercial lease case, the trial court found defendant, Cooper Healthcare Professional Services,1 had been constructively evicted; ruled it did not remain in possession for an unreasonable time after the accrual of the right of constructive eviction for a waiver of the right to have occurred; but required defendant to pay...

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