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BROOKCHESTER TENANTS v. BRUNETTI APARTMENTS

123 N.J. Super. 341 (1973)

303 A.2d 85

BROOKCHESTER TENANTS' RIGHTS CORPORATION, A NON-PROFIT CORPORATION ORGANIZED UNDER THE PROVISIONS OF TITLE 15 OF THE REVISED STATUTES OF NEW JERSEY; AND JEAN McCARTHY AND JOHN McCARTHY, INDIVIDUALLY AND AS REPRESENTATIVES OF THE CLASS OF PERSONS, TENANTS OF AND WITHIN THE SO-CALLED BROOKCHESTER APARTMENT COMPLEX, PLAINTIFFS-RESPONDENTS, v. BRUNETTI APARTMENTS; JOSEPH J. BRUNETTI CONSTRUCTION CO.; BROOKCHESTER APARTMENTS; BROOKCHESTER, SECTION I, INC., BROOKCHESTER, SECTION II, INC.; BROOKCHESTER, SECTION III, INC.; BROOKCHESTER, SECTION IV, INC.; BROOKCHESTER, SECTION V, INC.; BROOKCHESTER, SECTION VI, INC.; BROOKCHESTER, SECTION VII, INC.; BROOKCHESTER, SECTION VIII, INC.; BROOKCHESTER, SECTION IX, INC.; AND BROOKCHESTER, SECTION X, INC., DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided April 2, 1973.

Attorney(s) appearing for the Case

Mr. Herbert Klitzner argued the cause for appellants (Messrs. Okin, Pressler & Shapiro, attorneys; Mr. David A. Pressler of counsel).

Mr. David Waldman argued the cause for respondent Brunetti t/a Brookchester, Sections V, VII, VIII and IX, and Brookchester, Sections III, VI and X (Messrs. Heller & Laiks, attorneys; Mr. Murray A. Laiks of counsel; Mr. Herbert R. Ezor on the brief).

Mr. Eugene L. Dinallo filed a Statement in lieu of brief on behalf of Brunetti Apartments (which includes Brookchester, Sections I, II and IV).

Before Judges GOLDMANN, FRITZ and LYNCH.

PER CURIAM.

This is an action by a tenants' organization, and a tenant (and his wife) as representatives of a class of tenants in 1,750 apartments owned, operated and managed by the various defendants, and known as Brookchester Apartments.

Plaintiffs allege that the terms of the leases of the apartments, and the regulations imposed thereunder by the landlord, are "onerous and unrealistic," necessary services...

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