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MIDLAND CARPET CORP. v. FRANKLIN ASSOCIATED PROPERTIES

90 N.J. Super. 42 (1966)

216 A.2d 231

MIDLAND CARPET CORP., A NEW YORK CORPORATION, PLAINTIFF-RESPONDENT, v. FRANKLIN ASSOCIATED PROPERTIES, A NEW JERSEY CORPORATION, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided January 6, 1966.

Attorney(s) appearing for the Case

Mr. Sidney S. Stark argued the cause for appellant.

Mr. Charles J. Irwin argued the cause for respondent (Messrs. Carpenter, Bennett & Morrissey, attorneys; Mr. Elmer J. Bennett, of counsel; Mr. Irwin, on the brief).

Before Judges SULLIVAN, LEWIS and KOLOVSKY.

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

Defendant became the owner of factory and warehouse property at the foot of Franklin Street and Paterson Plank Road, Jersey City, on November 15, 1961. Plaintiff occupied some 18,600 square feet of the first floor of the "Plate and Welding Shop" building on the property for "warehousing purposes and for light manufacturing" under a five-year lease dated October 14, 1958 entered into with L.O. Koven & Brother...

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