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WINROW v. MARRIOTT CORP.

230 N.J. Super. 189 (1989)

553 A.2d 59

CHARLES M. WINROW AND ROSEMARIE WINROW, HIS WIFE, AND RICHARD METS AND MARYANN METS, HIS WIFE, PLAINTIFFS-APPELLANTS, v. MARRIOTT CORPORATION, DEFENDANT-THIRD PARTY PLAINTIFF-RESPONDENT, v. HORN'S, INC. AND MARTIN L. HORN, JR., INDIVIDUALLY, THIRD-PARTY DEFENDANTS-RESPONDENTS, AND E & R SURPLUS SALES, INC. AND MIDLAND INSURANCE COMPANY, THIRD-PARTY DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided February 3, 1989.

Attorney(s) appearing for the Case

Marc J. Friedman argued the cause for appellants (Howard C. Trueger, attorney).

Robert B. Kroner argued the cause for respondent Marriott Corporation.

No appearance on behalf of respondents Horns, Inc. and Martin L. Horn, Jr.

Before Judges GAULKIN, R.S. COHEN and ARNOLD M. STEIN.

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

Plaintiffs (Winrow), owners of a commercial building leased to defendant Marriott Corporation (Marriott), sued Marriott for its breach of lease covenants requiring it to maintain the premises in good repair. On Marriott's motion at the conclusion of Winrow's proofs, the trial judge found that Winrow had made out a cause of action, but ruled that Winrow's evidence...

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