Engler v. Capital Management Corp.

CourtSuperior Court of New Jersey
Writing for the CourtFURMAN
Citation271 A.2d 615,112 N.J.Super. 445
Decision Date30 November 1970
PartiesIrene ENGLER, Frank Gomez and Ida Gomez, Henry Koe, James Petrucell, Thomas Steger and Linda Steger, Raymond Forse and Patricia Forse, Richard Gardner and Lawrence Rissen, Plaintiffs, v. CAPITAL MANAGEMENT CORPORATION, a New Jersey Corporation, and Paul Goldman, Defendants.

Page 445

112 N.J.Super. 445
271 A.2d 615
Irene ENGLER, Frank Gomez and Ida Gomez, Henry Koe, James
Petrucell, Thomas Steger and Linda Steger, Raymond
Forse and Patricia Forse, Richard
Gardner and Lawrence Rissen, Plaintiffs,
v.
CAPITAL MANAGEMENT CORPORATION, a New Jersey Corporation,
and Paul Goldman, Defendants.
Superior Court of New Jersey,
Chancery Division.
Nov. 30, 1970.

Page 446

[271 A.2d 616] Harold Sherman, Perth Amboy, for plaintiffs (Mandel, Wysoker, Sherman, Glassner, Weingartner & Feingold, Perth Amboy, attorneys).

William B. Kaufman, Elizabeth, for defendants (Kaufman & Kaufman, Elizabeth, attorneys).

FURMAN, J.S.C.

Defendants seek judgment on a counterclaim for eviction. The complaint for an injunction restraining defendants from refusing to renew the six plaintiffs' leases at the expiration of their respective one or two year terms was dismissed voluntarily, without prejudice to plaintiffs' defense on the counterclaim.

In a brief trial counterclaimants' only witness acknowledged that notices to quit were served upon plaintiffs because they were officers or active members in a tenants association. The tenants association drew its membership from the tenants in counterclaimants' three large apartment complexes in Middlesex County. Its activities included publishing a newsletter, inspecting stairways, halls, basements and other common areas, and making requests and complaints to defendants and to municipal officials, E.g., with reference to dilatory snow removal.

Page 447

Counterclaimants' only witness also acknowledged that leases had been renewed as a matter of general policy, unless the tenant was chronically in arrears in his rent, had caused defacement of property, or had been the subject of recurrent complaints by other tenants. None of the six plaintiffs had been so charged.

During the pendency of this litigation the Legislature enacted Assembly Bill No. 1204 as chapter 210 of the Laws of 1970, effective September 30, 1970. That statute prohibits, among other things, a reprisal against a tenant for his membership in a tenants association and specifies that judgment is to be entered in his favor in any dispossess proceeding if he establishes that the notice to quit or the action to recover possession was a reprisal against him for such membership.

Plaintiffs urge the retroactive application of chapter 210 by this court. But a landlord's right of possession upon the expiration of a lease and the right of action to...

To continue reading

Request your trial
15 practice notes
  • Valle v. North Jersey Auto. Club
    • United States
    • Superior Court of New Jersey
    • August 24, 1973
    ...of Jersey City, 50 N.J.Super. 427, 433, 142 A.2d 640 (App.Div.1958); In re Veloso, Supra. Cf. Engler v. Capital Management Corp., 112 N.J.Super. 445, 271 A.2d 615 (Ch.Div.1970); Higgins, supra; Falcone v. Middlesex Cty. Med. Soc., 34 N.J. 582, 170 A.2d 791 (1961). See also, Lo Curto v. Rive......
  • Rybeck v. Rybeck
    • United States
    • Superior Court of New Jersey
    • April 30, 1976
    ...43 N.J.L. 571 (Sup.Ct.1881). See Morin v. Becker, 6 N.J. 457, 470, 79 A.2d 29 (1951). Compare Engler v. Capital Management Corp., 112 N.J.Super. 445, 271 A.2d 615 (Ch.Div.1970), involving ongoing contractual rights. The common law is not a body of law graven in stone. Its great virtue, with......
  • Elk Creek Mgmt. Co. v. Gilbert, (CC M09072786
    • United States
    • Supreme Court of Oregon
    • May 31, 2013
    ...in recognizing the equitable defense of “retaliatory eviction.” One of those cases was Engler v. Capital Management Corporation, 112 N.J.Super. 445, 271 A.2d 615 (1970) (recognizing defense). After the New Jersey Court decided Engler, the New Jersey Legislature enacted a statute that adopte......
  • Imperial Colliery Co. v. Fout, No. 17428
    • United States
    • Supreme Court of West Virginia
    • September 16, 1988
    ...(D.C.Cir.1972); Schweiger v. Superior Court, 3 Cal.3d 507, 476 P.2d 97, 90 Cal.Rptr. 729 (1970); Engler v. Capital Management Corp., 112 N.J.Super. 445, 271 A.2d 615 (Ch.Div.1970); E. & E. Newman, Inc. v. Hallock, 116 N.J.Super. 220, 281 A.2d 544 (App.Div.1971); Toms Point Apartments v.......
  • Request a trial to view additional results
15 cases
  • Valle v. North Jersey Auto. Club
    • United States
    • Superior Court of New Jersey
    • August 24, 1973
    ...of Jersey City, 50 N.J.Super. 427, 433, 142 A.2d 640 (App.Div.1958); In re Veloso, Supra. Cf. Engler v. Capital Management Corp., 112 N.J.Super. 445, 271 A.2d 615 (Ch.Div.1970); Higgins, supra; Falcone v. Middlesex Cty. Med. Soc., 34 N.J. 582, 170 A.2d 791 (1961). See also, Lo Curto v. Rive......
  • Rybeck v. Rybeck
    • United States
    • Superior Court of New Jersey
    • April 30, 1976
    ...43 N.J.L. 571 (Sup.Ct.1881). See Morin v. Becker, 6 N.J. 457, 470, 79 A.2d 29 (1951). Compare Engler v. Capital Management Corp., 112 N.J.Super. 445, 271 A.2d 615 (Ch.Div.1970), involving ongoing contractual rights. The common law is not a body of law graven in stone. Its great virtue, with......
  • Elk Creek Mgmt. Co. v. Gilbert, (CC M09072786
    • United States
    • Supreme Court of Oregon
    • May 31, 2013
    ...in recognizing the equitable defense of “retaliatory eviction.” One of those cases was Engler v. Capital Management Corporation, 112 N.J.Super. 445, 271 A.2d 615 (1970) (recognizing defense). After the New Jersey Court decided Engler, the New Jersey Legislature enacted a statute that adopte......
  • Imperial Colliery Co. v. Fout, No. 17428
    • United States
    • Supreme Court of West Virginia
    • September 16, 1988
    ...(D.C.Cir.1972); Schweiger v. Superior Court, 3 Cal.3d 507, 476 P.2d 97, 90 Cal.Rptr. 729 (1970); Engler v. Capital Management Corp., 112 N.J.Super. 445, 271 A.2d 615 (Ch.Div.1970); E. & E. Newman, Inc. v. Hallock, 116 N.J.Super. 220, 281 A.2d 544 (App.Div.1971); Toms Point Apartments v.......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT