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INTERN. BUS. MACH. v. AXINN

290 N.J. Super. 564 (1996)

676 A.2d 552

INTERNATIONAL BUSINESS MACHINES CORPORATION, PLAINTIFF, v. DONALD E. AXINN, DEFENDANT-APPELLANT, AND MUTUAL BENEFIT LIFE INSURANCE COMPANY IN REHABILITATION, SUCCESSOR TO THE MUTUAL BENEFIT LIFE INSURANCE COMPANY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided April 4, 1996.

Attorney(s) appearing for the Case

Edward M. Teitelbaum argued the cause for appellant (Teitelbaum & Caccavale, attorneys; Mr. Teitelbaum, on the brief).

Sidney J. Bernstein argued the cause for respondent (Cole, Schotz, Meisel, Forman & Leonard, attorneys; Mr. Bernstein, on the brief).

Before Judges PRESSLER, KEEFE and A.A. RODRIGUEZ.

PER CURIAM.

Plaintiff International Business Machines Corporation (IBM) leased commercial premises from their owner, defendant Donald E. Axinn. Defendant Mutual Benefit Life Insurance Company in Rehabilitation (Mutual Benefit) held the first mortgage on the premises. Axinn defaulted in making the required mortgage payments, and both Axinn and Mutual Benefit demanded that IBM's rent be paid to it. IBM accordingly commenced this action

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