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Project Holding Inc. v. Smyth

New Jersey Superior Court, Appellate Division


Decided: March 15, 1979.

PROJECT HOLDING, INC., A NEW JERSEY CORPORATION, PLAINTIFF-RESPONDENT, AND ACTION COMMITTEE OF FLORAL PARK, AN UNINCORPORATED ASSOCIATION, ET AL., INTERVENORS,
v.
FRANK SMYTH ET AL., DEFENDANTS-APPELLANTS

On appeal from the Superior Court, Chancery Division, Hudson County, whose opinion is reported at 152 N.J. Super. 582 (1977).

Matthews, Kole and Milmed.

Per Curiam

[166 NJSuper Page 355] We agree with Judge Kentz that the Anti-Eviction Act, N.J.S.A. 2A:18-61.1 et seq. is inapplicable to the factual circumstances presented in this case. Accordingly, we affirm substantially for the reasons expressed in

[166 NJSuper Page 356]

his opinion reported at 152 N.J. Super. 582, insofar as they reach that conclusion.

Since we find N.J.S.A. 2A:18-61.1 et seq. inapplicable, it is unnecessary for us to decide whether its literal application would violate the Supremacy Clause of the Constitution of the United States. See 152 N.J. Super. at 598 to 600.

The judgment of the trial court is affirmed for the reasons herein stated.

19790315


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