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JS PROPERTIES, L.L.C. v. BROWN & FILSON, INC.

914 A.2d 297 (2006)

389 N.J. Super. 542

JS PROPERTIES, L.L.C., Jonathan Schwartz and Scooter Jolley, Plaintiffs-Respondents, v. BROWN AND FILSON, INC., t/a Shelby's, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided December 27, 2006.

Attorney(s) appearing for the Case

Kevin M. Hahn, Hackettstown, argued the cause for appellant (Courter, Kobert & Cohen, attorneys; Mr. Hahn, of counsel; Amanda Mulvaney, on the brief).

James M. Docherty, Roseland, argued the cause for respondents (Vinick & Docherty, attorneys; Kathleen M. Lee and Mr. Docherty, on the brief).

Before Judges WEFING, C.S. FISHER and MESSANO.

The opinion of the court was delivered by

FISHER, J.A.D.

In this commercial tenancy matter, we consider but do not decide whether a tenant's claim of constructive eviction may legitimately be based upon the fact that the landlord has sued for possession because the tenant here continued in possession of the leased property for an unreasonable period of time after the filing of the landlord's suit. We, thus, affirm the dismissal of the tenant's novel constructive...

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