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IVY HILL PARK SEC. III v. SMIRNOVA

828 A.2d 343 (2003)

362 N.J. Super. 421

IVY HILL PARK SECTION III, Plaintiff, v. Natalia SMIRNOVA and Vitali Chorodei, Defendants.

Superior Court of New Jersey, Law Division, Special Civil Part, Essex County.

Decided March 3, 2003.

Attorney(s) appearing for the Case

Vivian Hammer, Clifton, for plaintiff.

Peter C. Thambidurai, for defendants (Essex Newark Legal Services).

FAST, J.S.C.

This summary eviction action presents an issue that has been unreported in New Jersey, to wit, whether a tenant may be evicted pursuant to N.J.S.A. 2A:18-61.1c 1, for having caused damage either willfully or through gross negligence, when the damage alleged is the odor of boiling urine which emanated from, and has "seeped" out of, the defendants' apartment. The circumstances are unusual, if not unique, but the principles expressed...

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