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BERNSTEIN v. PALMER CHEV. ETC.

86 N.J. Super. 117 (1965)

206 A.2d 176

EDWARD D. BERNSTEIN, PLAINTIFF, v. PALMER CHEVROLET & OLDSMOBILE, INC., A CORPORATION OF NEW JERSEY, DEFENDANT AND THIRD-PARTY PLAINTIFF-APPELLANT, v. REX SALES CO., INC., A CORPORATION OF NEW JERSEY, THIRD-PARTY DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided January 6, 1965.

Attorney(s) appearing for the Case

Mr. Nathan C. Staller argued the cause for appellant.

Mr. Marvin Z. Wallen argued the cause for respondent (Messrs. DeBrier & Wallen, attorneys).

Before Judges GOLDMANN, SULLIVAN and LABRECQUE.

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

Palmer Chevrolet & Oldsmobile, Inc. (Palmer) appeals from a Law Division summary judgment dismissing its third-party complaint against Rex Sales Co., Inc. (Rex).

On March 23, 1960 Palmer leased its premises at 600 Asbury Avenue, Ocean City, to Rex for a period of three years, with option of renewal. The lease provided, among other things, that...

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