McNEILL v. ESTATE OF LACHMANN


285 N.J. Super. 212 (1995)

666 A.2d 996

WILLA MCNEILL AND RICHARD ARNONE, PLAINTIFFS-APPELLANTS, v. THE ESTATE OF PAUL LACHMANN, T/A THE ALEXANDER HAMILTON HOTEL; JAMES F. MCCOOLE, ADMINISTRATOR; GSL COMPANY, MANAGING AGENT; AND ANTHONY MARSHALL, MANAGER, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided November 13, 1995.


Attorney(s) appearing for the Case

Madeline L. Houston, Director of Litigation, argued the cause for appellants (Passaic County Legal Aid Society, attorneys; Robert A. Nasdor, on the brief; Olga K. Arthars, on the brief; and Ms. Houston, also on the brief).

Keith A. Costill, Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (Deborah T. Poritz, Attorney General, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel; Mr. Costill, on the brief).

Respondents did not file a brief.

Before Judges PETRELLA, PAUL G. LEVY and EICHEN.


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

At issue on this appeal is whether plaintiff Willa McNeill2, locked out of her room at the Alexander Hamilton Hotel in Paterson after failing to pay rent, is entitled to possession or damages under the Forcible Entry and Detainer Act, N.J.S.A. 2A:39-1 to -8. The trial judge dismissed the verified complaint after determining McNeill was not protected from lock-out by either...

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