Gross v. Peskin
| Decision Date | 14 June 1968 |
| Docket Number | No. A,A |
| Citation | 101 N.J.Super. 468,244 A.2d 692 |
| Parties | Louis GROSS, 2nd and Phyllis Gross, Plaintiffs-Respondents, v. Burton PESKIN as Executor of the Estate of Celia Peskin, Deceased, Defendant-Appellant. 678--67. |
| Court | New Jersey Superior Court — Appellate Division |
Burton Peskin, Trenton, for appellant (Peskin & O'Connell, Trenton, attorneys).
Joel S. Ziegler, Maplewood, for respondents (Sollie Wolfman, Newark, attorney).
Before Judges GAULKIN, LEWIS and KOLOVSKY.
Defendant-executor appeals from a judgment for rent due for the last five months of a one-year lease of an apartment executed by decedent as lessee which by its express terms was 'binding on the heirs, executors, administrators and assigns of both parties.'
Defendant concedes that as a general rule, in the absence of a covenant otherwise providing, a lease is not terminated by the death of the lessee and the latter's personal representative is obligated to pay not only the rent accrued at the time of decedent's death but also the rents subsequently accruing under the lease. See Baum v. Tazwell, 26 N.J.Misc. 292, 61 A.2d 12, 13 (Cir.Ct. 1948); 32 Am.Jur., Landlord and Tenant, §§ 65, 431.
Appellant contends however that in this case, as in Dorfman v. Barnett, 24 N.J.Misc. 212, 48 A.2d 217 (Cir.Ct. 1946), the general rule is inapplicable. We disagree. We are satisfied from our examination of the lease and the stipulated facts that they furnish no support for appellant's claim that the contract of lease here involved was entirely personal to the decedent so as to give rise to an implied covenant that it would terminate on her death. Cf. Brigham v. Kidder. 99 N.J.L. 79, 80, 122 A. 740 (E. & A. 1923); 51 C.J.S., Landlord and Tenant § 92, p. 660.
The judgment is affirmed.
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...ordinarily continue to be subject to the burdens and entitled to the benefits of their decedent's lease. See Gross v. Peskin, 101 N.J.Super. 468, 469, 244 A.2d 692 (App.Div.1968); Egner v. Egner, 183 N.J.Super. 326, 331, 443 A.2d 1104 (Ch.Div.1982) (dictum), aff'd o.b., 185 N.J.Super. 1, 44......
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Center Ave. Realty, Inc. v. Smith
...providing, as a general rule a lease is not terminated by the death of the lessor or the lessee." And see Gross v. Peskin, 101 N.J.Super. 468, 469, 244 A.2d 692 (App.Div.1968), holding the deceased tenant's executor liable for rent for the balance of the term of the lease. See, generally, A......
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Egner v. Egner
...the lessee passes to his or her administrator or executor, who is obligated to continue to make rental payments. Gross v. Peskin, 101 N.J.Super. 468, 244 A.2d 692 (App.Div.1968); Baum v. Tazwell, 26 N.J.Misc. 292, 61 A.2d 12 (1948); Dorfman v. Barnett, 24 N.J.Misc. 212, 48 A.2d 217 (1946). ......
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State v. Pierce
...Tazwell, 26 N.J.Misc. 292, 61 A.2d 12 (Cir.Ct.1948); Levigton v. Tuly, 126 N.J.Eq. 552, 10 A.2d 641 (Ch.1940); Gross v. Peskin, 101 N.J.Super. 468, 244 A.2d 692 (App.Div.1968). The question presented is whether the defiant trespasser statute, N.J.S.A. 2C:18-3(b), is applicable in the absenc......