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ROBERT & RICHARD ASSOC. v. STATE, DIV. OF PURCHASE AND PROPERTY

202 N.J. Super. 352 (1985)

495 A.2d 141

ROBERT AND RICHARD ASSOCIATES, PLAINTIFF-RESPONDENT, v. THE STATE OF NEW JERSEY, DIVISION OF PURCHASE AND PROPERTY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided July 2, 1985.

Attorney(s) appearing for the Case

Eugene J. Sullivan, Assistant Attorney General, argued the cause for appellant (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; Michael R. Cole, Assistant Attorney General, of counsel, Eugene J. Sullivan and Joan Robinson Gross, Deputy Attorney General, on the brief).

Kevin J. Coakley argued the cause for respondent (Connell, Foley & Geiser, attorneys; William O. Pessel, Jr., on the brief).

Before Judges MATTHEWS, FURMAN and HAVEY.

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

The facts material to the narrow issues raised on this appeal are largely undisputed.

By agreement dated July 12, 1967, the State leased an office building to be built in Trenton by plaintiff. The lease term was for 20 years, commencing on January 1, 1969, unless the building was not completed by that date, in which case the term was to begin on the first day of the month next following delivery...

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