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PUTTRICH v. SMITH

170 N.J. Super. 572 (1979)

407 A.2d 842

FRED PUTTRICH T/A FREDDY JACK REALTY ASSOCIATES, PLAINTIFF-APPELLANT, v. DENNIS SMITH AND SHIRLEY SMITH, HIS WIFE, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided October 17, 1979.

Attorney(s) appearing for the Case

Mr. Raymond T. Lyons, Jr. argued the cause for appellant (Mr. Donald R. Sorkow, attorney).

Respondents appeared pro se.

Before Judges FRITZ, KOLE and LANE.

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

Plaintiff is the owner of a building containing a tavern, one ground-floor apartment, and three second-floor apartments. Defendants have resided in the apartment on the ground floor, directly beside the tavern, as month-to-month tenants for 25 years.

Plaintiff wanted to eliminate the ground-floor apartment so that he could expand his tavern. He brought...

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