Case Law Summaries

Mantilla v. NC Mall Associates

LEASES; INDEMNIFICATION—Absent explicit contractual language to the contrary, an indemnitee who has defended against allegations of its own independent fault may not recover the costs of its defense from an indemnitor.

• Opinion Date: March 27, 2001
• Real Property Law

Elizabeth Board of Education v. New Jersey Transit Corporation

LEASES; EXCULPATION—A freely negotiated exculpation clause in a lease, even if extremely broad, will be enforced.

• Opinion Date: May 25, 2001
• Real Property Law

DSC of Newark Enterprises, Inc. v. Friction Division Products, Inc.

LEASES; EVICTION—Absolution from payment, in part or in whole, is available as relief to a tenant in a dispossess action.

• Opinion Date: April 27, 2001
• Real Property Law

Coinmach Corporation v. Murnick

LEASES; DEFAULTS; NOTICE—A general lease provision requiring a notice of default is overridden by a specific lease provision allowing for immediate termination by notice to a tenant that its rent is due and unpaid.

• Opinion Date: October 2, 2001
• Real Property Law

Sharut Furniture, Inc. v. Vornado Realty Trust

LEASES; CONSTRUCTIVE EVICTION—A tenant found to have been constructively evicted from its premises under one lease may also be deemed constructively evicted under related leases where it was contemplated that use of the first premises was needed to enjoy the benefit of the space occupied under the other leases.

• Opinion Date: November 28, 2001
• Real Property Law

Collignon v. Levy

LEASES; CORPORATIONS; PERSONAL LIABILITY—A corporation is a corporate tenant even if a landlord reasonably believes it is dealing with an individual tenant, liability for rent lies with the corporation not with its individual officer.

• Opinion Date: December 18, 2001
• Real Property Law

Oak Tree Village v. Thompson

LEASES; ATTORNEYS FEES—A tenant may contractually agree to pay reasonable legal fees related to an eviction.

• Opinion Date: April 23, 2001
• Real Property Law

Ryder v. Ocean County Mall

LANDOWNER’S LIABILITY; NEGLIGENCE—A shopping mall that operates a food court is presumed to have notice that spills of food and drink are likely to occur even outside of the food court.

• Opinion Date: June 1, 2001
• Real Property Law

Liu v. Top Glass Contractors Company

LANDOWNER’S LIABILITY; CONTRACTORS—A landowner has no duty to protect an employee of an independent contractor from the very hazards or dangers emanating from performance of the contracted work unless the owner exercises some degree of involvement in or control over the work.

• Opinion Date: April 12, 2001
• Real Property Law

Pfenninger v. Hunterdon Central Regional High School

LANDOWNER’S LIABILITY; CONTRACTORS—Even though neither a landowner nor a contractor usually has duties to protect a subcontractor’s employee from the very hazards created by the performance of the subcontracted work, where there is evidence of some participation, interference or exercise of some control over the work, a duty of care may fairly be imposed.

• Opinion Date: March 13, 2001
• Real Property Law