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Natell v. Henley

New Jersey Superior Court, Appellate Division


Decided: October 11, 1968.

WILLIAM B. NATELL, PLAINTIFF-APPELLANT,
v.
HENRY HENLEY, ET AL., DEFENDANTS, AND MAYFAIR FABRICS, DEFENDANT-RESPONDENT

Conford, Kilkenny and Leonard.

Per Curiam

[103 NJSuper Page 162]

The judgment is affirmed essentially for the reasons expressed in the opinion of Judge Ackerman in the Law Division, 97 N.J. Super. 116 (1967), except those based upon the incidence of subrogation in favor of the landlord's insurer. The insurance company is not a party to this appeal (even if it is the real party in interest as a subrogee); its contractual rights vis-a-vis the landlord are not here involved; and the lease in question should be read and interpreted to ascertain the mutual intention of the sole parties to it, landlord and tenant, just as the Supreme Court did in the case where the tenant was suing the landlord, Mayfair Fabrics v. Henley, 48 N.J. 483 (1967).

Judgment affirmed.

19681011


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