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McGUIRE v. CITY OF JERSEY CITY

125 N.J. 310 (1991)

593 A.2d 309

HUGH A. McGUIRE, T/A McGUIRE ASSOCIATES, PLAINTIFF-RESPONDENT AND CROSS-APPELLANT, v. CITY OF JERSEY CITY, DEFENDANT-APPELLANT AND CROSS-RESPONDENT.

The Supreme Court of New Jersey.

Decided July 30, 1991.

Attorney(s) appearing for the Case

Paul W. Mackey, Assistant Corporation Counsel, argued the cause for appellant and cross-respondent (Joseph Healy, Corporation Counsel, attorney; Thomas Fodice, First Assistant Corporation Counsel, and Carol Zylbert, on the briefs).

Robert E. Margulies argued the cause for respondent and cross-appellant (Margulies, Wind, Herrington & Katz, attorneys; Robert E. Margulies and Jack Jay Wind, on the briefs).

The opinion of the Court was delivered by HANDLER, J.

This is a property owner's action for breach of a lease by the lessee, a municipality. The lease provided for a twenty-year term of occupancy in two adjoining buildings. The lessor was to renovate the buildings for use by the municipality's housing court and law department. Before completion of the renovations or commencement of occupancy, the municipality notified the lessor that it would discontinue the lease...

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