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HOUSING AUTH. OF NEWARK v. SCOTT

137 N.J. Super. 110 (1975)

348 A.2d 195

HOUSING AUTHORITY OF THE CITY OF NEWARK, PLAINTIFF-APPELLANT, v. JOHN SCOTT AND LILLIAN SCOTT, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided November 10, 1975.

Attorney(s) appearing for the Case

Messrs. Friedman & D'Allessandro, General Counsel, attorneys for the appellant (Mr. Richard A. Conti, on the brief).

No brief or appearance by respondents.

Before Judges KOLOVSKY, BISCHOFF and BOTTER.

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

Plaintiff commenced an action for $2,095 in rent due from defendants for July 1972 through October 1973. The first-floor apartment which defendants occupied was located in the Stella Wright Project owned and operated by plaintiff. By way of defense and setoff defendants asserted plaintiff's breach of an implied warranty of habitability (Berzito v. Gambino...

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