Case Law Summaries

Jefferson Adams Rehab. Co. v. Alicea

LEASES; SECTION 8—A landlord seeking to evict a Section 8 tenant must first comply with the notice requirements under the Section 8 guidelines.

• Opinion Date: October 27, 2003
• Real Property Law

Rifai & Co., Inc. v. The Port Authority of New York and New Jersey

LEASES; RENEWAL—A tenant cannot rely on an oral representation that another tenant, having a superior option right to the first, would lose that right by a certain date; such a representation should be included in the first tenant’s lease itself.

• Opinion Date: August 21, 2003
• Real Property Law

Cantor v. TSI Old Bridge, Inc.

LEASES; REFORMATION; DAMAGES—Where a lease’s rent provision is reformed, and it is equitable under the circumstances for it to do so, a court may award interest to the landlord on the rent deficiency because the tenant has had use of the “unpaid” rent until the drafting error is corrected.

• Opinion Date: January 27, 2003
• Real Property Law

Pellino v. Cano

LEASES; NOVATION—Executing a replacement lease to add more space at an increased rent does not constitute a novation of obligations under the earlier lease unless there is a clear indication that the parties intended that to be the case.

• Opinion Date: October 24, 2003
• Real Property Law

Metrovest GPNJ, LLC v. Naeem

LEASES; NOTICE—Where a tenant is in breach of both a lease provision and a similar municipal ordinance, a notice given with respect to the lease violation is sufficient to evict the tenant on those grounds and the more elaborate notice requirements for code violations is unnecessary.

• Opinion Date: December 8, 2003
• Real Property Law

McInally v. Frank Investments, Inc.

LEASES; NEGLIGENCE; LANDLORD’S LIABILITY; INSURANCE—If a tenant wouldn’t be liable for an accident, then it doesn’t matter whether the tenant was carrying the amount of liability insurance coverage required of it under its lease.

• Opinion Date: May 22, 2003
• Real Property Law

Hawthorne v. Norpak Corporation

LEASES; LANDLORD’S LIABILITY—Where a tenant’s operations create a dangerous condition, a landlord is not liable for a resulting accident even if the lease requires the landlord to perform all maintenance, repairs, and replacements necessitated by reason of ordinary wear and tear.

• Opinion Date: February 28, 2003
• Real Property Law

Armstrong v. Petty Construction Co.

LEASES; LANDLORD’S LIABILITY—An employee of a commercial tenant cannot hold the landlord liable for personal injury arising out of an injury suffered on the premises by reason of lack of proper maintenance where the lease unquestionably places the maintenance and repair obligation on the employer-tenant.

• Opinion Date: September 19, 2003
• Real Property Law

Miller v. Abel Leasing for Hopkins Cycles, Inc.

WORKERS COMPENSATION; SPECIAL MISSION—An employee injured while engaging in a personal, non-work related activity who is also incidently performing valuable work for the employer pursuant to the employer’s directions, is entitled to worker’s compensation coverage.

• Opinion Date: December 17, 2003
• Business Law

Galvao v. G. R. Robert Construction Company, Inc.

WORKERS COMPENSATION; SPECIAL EMPLOYERS—In a “double breasting” arrangement, if a worker is under the total control of the contractor, and there is no other basis for liability, then the related companies are not liable for the worker’s injuries on the job, even under the theory of respondeat superior.

• Opinion Date: May 28, 2003
• Business Law