Case Law Summaries

Housing Authority of the City of Newark v. Blanding

LEASES— Annual renewals of leases that provide for such renewals are not new leases, but constitute the same lease.

• Opinion Date: August 2, 2002
• Real Property Law

Bank of New York v. Maggio

FORECLOSURE; NOTICE —Where a mortgagor who promises to reside in a home within a given period after a loan closes fails to do so, it can not complain when the lender serves a foreclosure complaint, especially where the borrower has actual knowledge of the suit.

• Opinion Date: February 14, 2002
• Real Property Law

LMX Doubletree Center, Inc. v. Dries

LANDLORD-TENANT; DAMAGES—It is the Landlord’s burden to show that the rent charged to a replacement tenant following the original tenant’s lease default is commercially reasonable.

• Opinion Date: September 23, 2002
• Real Property Law

McQueen v. Brown

LANDLORD-TENANT; EVICTION —Having a certificate of occupancy is not required before rent can be collected and the owner-occupied exception to the Anti-Eviction statute does not require that the owner maintain his or her principal residence at the house.

• Opinion Date: October 10, 2002
• Real Property Law

Tovar v. Bailey

LEASES— Where a lease of only part of a property requires the tenant to pay tax increases without further elaboration, it is a reasonable interpretation that the tenant is responsible for only its proportionate share.

• Opinion Date: June 24, 2002
• Real Property Law

Golato v. Naperstek

LEASES— A court cannot change the terms of a lease provision without clear evidence that the parties actually reached an agreement to make such a change.

• Opinion Date: June 6, 2002
• Real Property Law

Estate of Severino v. Vitale Enterprises, Inc.

LEASES— It is not sufficient for a tenant to show that for a long time it acted in accordance with the terms of a purported lease. A court must examine all of the circumstances surrounding the purported lease to see if it is authentic and not a forgery.

• Opinion Date: April 23, 2002
• Real Property Law

Cowin v. First Fidelity Bank

LANDOWNER’S LIABILITY; SIDEWALKS— A predecessor in title who has created or maintained a dangerous sidewalk condition remains liable to an injured pedestrian irrespective of the fact that the property has been conveyed.

• Opinion Date: October 2, 2002
• Real Property Law

Piccirilli v. Rockaway Townsquare Mall

LANDOWNER’S LIABILITY; MALLS— Absent some other negligence on its part, if a shopping mall makes reasonable efforts to discover and clean up customer-created spills, it will not be liable for an injury caused by such a spill.

• Opinion Date: June 5, 2002
• Real Property Law

Horvath v. Home Care Industries, Inc.

LANDOWNER’S LIABILITY; INDEPENDENT CONTRACTORS— Where it was foreseeable that an independent contractor-worker, not engaged to repair a roof, could fall through a defective portion of a roof while working on another aspect of a project, a property owner was found to have had a non-delegable duty to inspect the roof and warn the worker of any defect discovered.

• Opinion Date: November 1, 2002
• Real Property Law