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49 PROSPECT STREET v. SHEVA GARDENS, INC.

227 N.J. Super. 449 (1988)

547 A.2d 1134

49 PROSPECT STREET TENANTS ASSOCIATION, LUCINDA CURRY, COLINWOOD BENJAMIN, VICTOR HERRERA, MARLENI HERRERA, FRANK BRANCH, BEVERLY BRANCH, EDWIN SIMON, BERYL SIMON, DORIS FAIRCLOTH, SHIRLEY ASHE, BARBARA BRODIE AND JOSEPH SMITH, PLAINTIFFS-RESPONDENTS-APPELLANTS, v. SHEVA GARDENS, INC., A NEW JERSEY CORPORATION; BAT-SHEVA HALPERIN, AND NATALIE DEVELOPMENT, A NEW YORK CORPORATION, DEFENDANTS-APPELLANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided August 22, 1988.

Attorney(s) appearing for the Case

Lawrence P. Platkin argued the cause for appellants-respondents (Robinson, Wayne, Levin, Riccio & LaSala, attorneys; Lawrence P. Platkin, on the brief).

Cindy McKee argued the cause for respondents-appellants (Joan Pransky, attorney, Joan Pransky and Cindy McKee, on the brief).

Margery F. Nathanson, Deputy Attorney General argued the cause for appellant-intervenor Attorney General of New Jersey (W. Cary Edwards, Attorney General, attorney; Andrea Silkowitz, Deputy Attorney General, of counsel; Margery F. Nathanson, on the brief).

Rutgers Urban Legal Clinic filed a brief for amici curiae, New Jersey Tenants Organization, East Orange Tenants Association, Orange Tenants Association and Consumers League of New Jersey (Patricia E. Rousseau, of counsel; Elizabeth J. Miller, on the brief).

Before Judges J.H. COLEMAN, O'BRIEN and HAVEY.

The opinion of the court was delivered by O'BRIEN, J.A.D.

These three appeals, generated by the same landlord-tenant relationship and arising out of the same trial, have been consolidated for all purposes. In their complaint plaintiff tenants assert various causes of action against their landlord, including violation of the Consumer Fraud Act, breach of warranty of habitability and intentional infliction of emotional distress. We affirm in part and reverse in part...

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