Category: Real Property Law

Graziano v. Grant

NON-COMPETITION—A court of equity can imply non-competition restrictions into a contract even where no such provision exists, and has the power to craft the terms of such a restriction.

• Opinion Date: December 9, 1999

Contimortgage Corp. v. Shea

FORECLOSURE; EVICTION—Even if a family member is a tenant under a written lease, the Anti-Eviction Act won’t protect him or her from removal by a foreclosing mortgagee where the family member actually shares the living unit with the defaulting related property owner and, in effect, does not have exclusive possession of the living unit.

• Opinion Date: January 27, 2004

Krokovic v. Thomas

LANDLORD-TENANT; SUBLEASES—A landlord who does not directly benefit from rent paid by a subtenant is not unjustly enriched if the subtenancy turns out to be illegal and the sublandlord doesn’t refund the subtenant’s rent.

• Opinion Date: January 13, 2004

Mountain Hill, LLC v. Middletown Township

ZONING; MLUL; FLOOR AREA RATIO—A municipality is entitled to adopt a reasonable floor area ratio definition and is not required to use the definition found in the MLUL.

• Opinion Date: January 7, 2004