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D.H.M. INDUSTRIES, INC. v. CENTRAL PORT WAREHOUSE, INC.

127 N.J. Super. 499 (1973)

318 A.2d 20

D.H.M. INDUSTRIES, INC., A NEW JERSEY CORPORATION, PLAINTIFF-RESPONDENT, v. CENTRAL PORT WAREHOUSES, INC., A NEW JERSEY CORPORATION, AND CORBIN-BAY REALTY CORP., A NEW JERSEY CORPORATION, DEFENDANTS-THIRD-PARTY PLAINTIFFS-RESPONDENTS, v. D.H. OVERMYER CO., INC., A NEW JERSEY CORPORATION, AND D.H. OVERMYER CO., INC., AN OHIO CORPORATION, THIRD-PARTY DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided May 4, 1973.

Attorney(s) appearing for the Case

Mr. Burton T. Cohen argued the cause for appellant D.H. Overmyer Co., Inc. (Mr. Walter Henry Jones, attorney).

Mr. David J. Goldberg argued the cause for respondent D.H.M. Industries, Inc. (Messrs. Warren, Goldberg & Berman, attorneys).

Mr. Sanford Silverman filed a statement in lieu of brief on behalf of respondent Corbin-Bay Realty Corp.

Before Judges COLLESTER, LEONARD and HALPERN.

PER CURIAM.

The instant case is one in a series of suits stemming from a lease entered into between plaintiff and Central Port Warehouses, Inc. (Central) on February 4, 1969. In brief, the relevant terms of the lease required plaintiff to erect a 500,000 square foot warehouse in Elizabeth, New Jersey, to be leased to Central for a 20 year term commencing on the date plaintiff notified Central that a Certificate of Occupancy had been issued. The rental for the term...

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