Sbrolla v. Hess.

• Decision Date: 03 October 1945
• Docket Number: No. 17.,17.
• Parties: SBROLLA v. HESS.
• Court: New Jersey Supreme Court

44 A.2d 36

SBROLLA

v.HESS.

No. 17.

Supreme Court of New Jersey.

Oct. 3, 1945.

Proceeding by John Sbrolla against Maria Hess to acquire possession of certain dwelling and premises on ground that defendant, tenant in possession thereof, held over and continued in possession after expiration of term and after demand was made and written notice given by complainant landlord for delivery of possession of premises to him. From a judgment of the circuit court, 43 A.2d 498, 23 N.J.Misc. 229, denying defendant's motion to dismiss the affidavit and cause of action based thereon on ground that notice to terminate tenancy set forth in affidavit did not comply with requirements of state statute and that court was therefore without jurisdiction to entertain the proceeding, defendant appeals.

Judgment affirmed.

See, also, 133 N.J.L. 71, 42 A.2d 569.

Appeal from Circuit Court, Atlantic County; Burling, Judge.

October term, 1945, before BROGAN, C. J., and PARKER and OLIPHANT, JJ.

Martin Bloom, of Atlantic City, for appellant.

David M. Perskie, of Atlantic City, for respondent.

PER CURIAM.

The facts of the case are fully stated in the comprehensive and well considered opinion of Judge Burling in the Atlantic Circuit Court. The determinative question is the constitutionality vel non of Chapter 84 of P.L.1945, N.J.S.A. § 46:8-11 et seq., the operation whereof is expressly confined to

(a) cities

(b) bordering on the ocean

(c) in fifth class counties

(d) having a population of less than 150,000 according to the last federal census.

Without expressly adopting in its entirety the somewhat lengthy opinion of the court below, we are entirely in accordance with the finding that the classification above stated is so restricted and tenuous as to be illusory and unconstitutional. The judgment under review is therefore affirmed.