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3519-3513 Realty, LLC v. Law

Superior Court of New Jersey, Appellate Division
967 A.2d 954 (N.J. Super. 2009)


Facts

Isaac Rosenberg bought a three-unit apartment building. Subsequently, Rosenberg formed 3519-3513 Realty, LLC (Realty) (plaintiff). Rosenberg was the only member of Realty. Rosenberg transferred ownership of the apartment building to Realty. Law and others (Law) (defendants) were month-to-month tenants of one of the units in Realty’s building. Rosenberg sent Law an eviction notice, stating that he planned to use the unit for himself. The notice was based on a New Jersey statute that, while seeking to restrict the ways in which tenants could be evicted, had an exception carved out that allowed a landlord to evict a tenant if “[t]he owner of a building of three residential units or less seeks to personally occupy a unit.” Rosenberg brought suit, seeking Law’s removal from the building. The trial court ruled in favor of Law, finding that the owner of the building was actually Realty, not Rosenberg, and that Realty, as a limited liability company (LLC), could not “personally occupy” the unit. Realty appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

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Issue

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Holding and Reasoning (Wefing, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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