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STARNS v. AMERICAN BAPTIST ESTATES OF RED BANK

800 A.2d 182 (2002)

352 N.J. Super. 327

Lester STARNS, Robert Sudano, Lisa Burgo, Luther Sroka, Huseyin Uzunalioglu, Nick Fugaro, Lori Ann Fugaro, Jo-Ann Fitzpatrick, Millie Forino, and Audrey LeRoy, Plaintiffs-Appellants, v. AMERICAN BAPTIST ESTATES OF RED BANK, t/a the Navesink House and the Navesink Gables, Inc., Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided June 27, 2002.

Attorney(s) appearing for the Case

R. Bruce Freeman, Westfield, argued the cause for appellants (Woehling & Freeman, attorneys; Mr. Freeman, of counsel and on the brief).

David A. Kotler argued the cause for respondent (Dechert, Price & Rhoads, attorneys; Mr. Kotler, Bruce W. Clark and Christopher J. Kelly, Princeton, on the brief).

Before Judges KING, CUFF and WINKELSTEIN.

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

In this appeal, we must decide whether the demolition of a thirty-three unit apartment building to allow construction of an addition to an existing continuing care retirement community constitutes retirement of the apartment building from residential use and good cause to evict the tenants of the apartment building. We hold that it does and affirm.

Defendant American Baptist Estates of Red Bank (American...

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