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STUYVESANT ASSOCS. v. DOE

221 N.J. Super. 340 (1987)

534 A.2d 448

STUYVESANT ASSOCIATES, PLAINTIFF, v. JOHN DOE (THE NAME BEING FICTITIOUS), DEFENDANT.

Superior Court of New Jersey, Law Division Essex County, Special Civil Part.

Decided October 5, 1987.

Attorney(s) appearing for the Case

Judith Musser for plaintiff (Geltzeiler, Mandel, Berezin & Feinstein, attorneys).

Arnold I. Budin for defendant (Budin, Greenman & Greenman, attorneys).

FAST, J.S.C.

This was a summary action for possession pursuant to N.J.S.A. 2A:18-61.1(c). Plaintiff-landlord served defendant-tenant with a notice to quit based on damage done to the landlord's premises, admittedly by defendant. Because of the sensitive facts involved, a fictitious name has been used for defendant.

The legal issue presented is the interpretation of the statutory requirement that the damage must have been:

... willfully or by...

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