William Berland Realty Co. v. Hahne & Co.

• Decision Date: 21 January 1954
• Docket Number: No. A--723,A--723
• Citation: 102 A.2d 686,29 N.J.Super. 316
• Parties: WILLIAM BERLAND REALTY CO. et al. v. HAHNE & CO. et al. . Appellate Division
• Court: New Jersey Superior Court — Appellate Division

Page 316

29 N.J.Super. 316

102 A.2d 686

WILLIAM BERLAND REALTY CO. et al. v. HAHNE & CO. et al.

No. A--723.

Superior Court of New Jersey Appellate Division.

Argued Jan. 4, 1954.

Decided Jan. 21, 1954.

Herbert J. Hannoch, Newark, argued the cause for appellants and cross-respondents (Hannoch, Lasser, Weinstein & Myers, Newark, attorneys).

Vincent P. Biunno, Newark, argued the cause for respondents and cross-appellants (Lum, Fairlie & Foster, Newark, attorneys).

Before Judges JAYNE, FRANCIS and CLAPP.

The opinion of the court was delivered

PER CURIAM.

The judgment with the following modification is affirmed for the reasons expressed by Judge Speakman whose opinion is reported at 26 N.J.Super. 477, 98 A.2d 124 (Ch.Div.1953). Our review guides us to the conclusion that the extraordinary relief granted by paragraph No. 3 of the judgment wherein the defendants, their respective officers, agents and attorneys are permanently restrained and enjoined from assigning the tenant's interest or any part thereof under the lease, and from subletting the whole or any part of the demised premises during the term of the...