1266 APT. CORP. v. NEW HORIZON DELI


847 A.2d 9 (2004)

368 N.J. Super. 456

1266 APARTMENT CORP., Plaintiff-Respondent, v. NEW HORIZON DELI, INC., Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided April 26, 2004.


Attorney(s) appearing for the Case

Mark K. Follender, Little Falls, argued the cause for appellant (Scarinci & Hollenbeck, attorneys, Lyndhurs; Mr. Follender, on the brief).

Joel M. Ellis, Hackensack, argued the cause for respondent (Nashel Kates Nussman Rapone & Ellis, attorneys; Mr. Ellis, on the brief).

Before Judges COBURN, WELLS and C.S. FISHER.


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

Plaintiff, 1266 Apartment Corp., filed this action in the Special Civil Part, seeking possession of commercial premises it had rented to defendant, New Horizon Deli, Inc. Defendant moved for a transfer of the case to the Law Division pursuant to R. 6:4-1(g). The trial judge denied the motion in an oral decision, tried the case, and entered a judgment of possession for plaintiff.

Defendant filed...

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