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STATE v. ARNOLD CONSTABLE CORP.

138 N.J. Super. 551 (1976)

351 A.2d 771

STATE OF NEW JERSEY, BY GEORGE F. KUGLER, JR., ATTORNEY GENERAL OF NEW JERSEY, AND BY FRANK M. PAPALE, JR., DIRECTOR OF THE DIVISION OF PURCHASE AND PROPERTY OF THE DEPARTMENT OF THE TREASURY OF THE STATE OF NEW JERSEY, AND BY WILLIAM E. MARFUGGI, TREASURER OF THE STATE OF NEW JERSEY, PLAINTIFFS-APPELLANTS, v. ARNOLD CONSTABLE CORPORATION, A CORPORATION OF THE STATE OF DELAWARE, PITMAN REALTY, INC., A CORPORATION OF THE STATE OF NEW JERSEY, REALTY ASSOCIATES COMPANY, A PARTNERSHIP CONSISTING OF WILLIAM B. COLSEY, III, AND BRUCE A. MAHON, BRUCE A. MAHON, INDIVIDUALLY, AND AS A PARTNER OF REALTY ASSOCIATES COMPANY, WILLIAM B. COLSEY, III, INDIVIDUALLY, AND AS A PARTNER OF REALTY ASSOCIATES COMPANY, AND PRUDENTIAL INSURANCE COMPANY OF AMERICA, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided January 13, 1976.

Attorney(s) appearing for the Case

Mr. Richard M. Conley, Deputy Attorney General, argued the cause for appellants (Mr. William F. Hyland, Attorney General, attorney; Mr. Stephen Skillman, Assistant Attorney General, of counsel).

Mr. Stephen N. Dermer argued the cause for respondents Arnold Constable Corporation and Pitman Realty, Inc. (Messrs. Lowenstein, Sandler, Brochin, Kohl & Fisher, attorneys; Mr. Archibald S. Alexander, Jr., of counsel and on the brief).

Mr. Richard M. Goldman argued the cause for respondents Realty Associates Company, Bruce A Mahon and William B. Colsey, III (Messrs. Stein, Bliablias, Goldman & McGuire, attorneys).

There was no appearance on behalf of respondent Prudential Insurance Company of America.

Before Judges MATTHEWS, LORA and MORGAN.

PER CURIAM.

The State instituted this action against defendants, alleging that defendants Arnold Constable and Pitman Realty, lessors, had breached a warranty contained in paragraph 19 of their lease with the State for premises at 209-219 East State Street, Trenton. The State alleged that Arnold Constable and Pitman Realty entered into an agreement with defendants Mahon, Colsey and Realty Associates which was contingent on the latters' success in leasing the premises...

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