Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Wedgewood Properties, LLC v. Latif II International

July 19, 2007

WEDGEWOOD PROPERTIES, LLC, PLAINTIFF-RESPONDENT,
v.
LATIF II INTERNATIONAL, INC., D/B/A ONE DOLLAR WORLD, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Special Civil Part, Passaic County, Docket No. LT-6100-05.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued May 22, 2007

Before Judges Payne and Graves.

Plaintiff Wedgewood Properties, LLC (plaintiff or landlord), is the owner of a commercial shopping center in Wayne, New Jersey. Since January 2001, defendant Latif II International, Inc. (defendant or tenant), has leased approximately 7,600 square feet of space from plaintiff, pursuant to a written lease agreement, to operate a discount variety store, commonly known as a "dollar store." The initial term of the lease is ten years, however, defendant has the right to extend the initial term for two additional periods of five years each. Defendant appeals from a judgment for possession entered on December 1, 2005, and a companion order awarding counsel fees and costs to plaintiff in the amount of $5,197.

After reviewing the record and applicable law in light of the contentions advanced by the parties, we reverse.

On appeal, defendant presents the following arguments:

POINT ONE

THE TRIAL COURT'S FINDING THAT THE DEFENDANT HAD REPEATEDLY VIOLATED THE 20 FT. RESTRICTION OF ITS LEASE HAS LITTLE OR NO SUPPORT IN THE RECORD.

POINT TWO

THE MAY 5, 2005 LETTER FROM DR. BERMAN DID NOT CONSTITUTE A VALID AND ENFORCEABLE NOTICE OF DEFAULT.

POINT THREE

THERE WAS NO EVIDENCE THAT ANY VIOLATION OF THE 20 FT. LIMITATION CONSTITUTED A ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.