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Eew Family, LLC v. Lally

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


December 20, 2006

EEW FAMILY, LLC, PLAINTIFF-APPELLANT,
v.
CHARLES LALLY, DEFENDANT-RESPONDENT.

On appeal from Superior Court of New Jersey, Law Division, Special Civil Part, Hudson County, Docket No. LT-002969-06.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted December 5, 2006

Before Judges Skillman and Lisa.

This is an appeal by plaintiff landlord from the dismissal of its action for the summary dispossession of defendant from his apartment. We affirm substantially for the reasons set forth in Judge Fast's March 27, 2006 oral opinion. The factual findings contained in that opinion are supported by "adequate, substantial and credible" evidence in the trial record. Rova Farms Resort, Inc. v. Investors Ins. Co. of Am., 65 N.J. 474, 484 (1974). Plaintiff was estopped from enforcing the no-pets provision of the lease by its predecessor in title's acquiescence in defendant's long-term possession of his two dogs. See Young v. Savinon, 201 N.J. Super. 1, 6-9 (App. Div. 1985). The trial court's findings that defendant was not responsible for most of the items found in the yard and that plaintiff had given him permission to keep a table and chairs in the yard precluded summary dispossession of defendant on the basis of unauthorized maintenance of items of personal property in common areas. The notice to cease did not clearly inform defendant that he was prohibited from keeping his shopping carts outside the apartment.

Affirmed.

20061220

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