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COX v. SIMON

278 N.J. Super. 419 (1995)

651 A.2d 476

JAMES COX, PLAINTIFF-RESPONDENT, v. BETTY SIMON, TRUSTEE U.D.T.; J & M LAND COMPANY; HERMAN ZELL, DEFENDANTS. RICHARD SIMON, GRANTOR AND ASSIGNEE OF BETTY SIMON, TRUSTEE U.D.T., DEFENDANT-THIRD-PARTY PLAINTIFF-APPELLANT, v. DR. JOHN F. ZIMMERMAN, JR., JOHN F. ZIMMERMAN, SR., AND PATRICIA ZIMMERMAN, HIS WIFE, THIRD-PARTY DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided January 5, 1995.

Attorney(s) appearing for the Case

Keith A. Bonchi argued the cause for appellant (Goldenberg, Mackler & Sayegh, attorneys; Mr. Bonchi, of counsel and on the brief).

John J. Zarych argued the cause for respondent James Cox.

Before Judges SKILLMAN, WALLACE and KLEINER.

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

On March 9, 1990, Dr. John Zimmerman, a chiropractor, entered into a written lease for premises within the Leeds Point Shoppes in Galloway Township, Atlantic County, for a three-year term commencing April 1, 1990. The lease provided the tenant with two options to renew, each for a three-year period, at the original monthly rental but subject to a cost of living rent adjustment calculable in accordance with...

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