Academy Spires v. Brown
New Jersey Superior Court
111 N.J. Super. 477, 268 A.2d 556 (1970)
- Written by Elliot Stern, JD
Facts
Walter Brown (plaintiff) was a tenant living in an apartment on the ninth floor of a building owned by Academy Spires, Inc. (plaintiff). There was no written agreement between Brown and Academy Spires, but there was an agreement between the parties for Brown to lease the premises from Academy Spires. Brown withheld three months of rent payments from Academy Spires, covering the period of December 1969 through March 1970, because—according to Brown—Academy Spires had failed to provide essential services, rendering the premises uninhabitable. Specifically, Brown claimed that Academy Spires did not supply heat and water, the garbage disposal was impaired, the hot-water supply had failed, water leaked into the bathroom, and the elevator was broken. Academy Spires conceded that the heat, hot-water supply, elevator, and garbage incinerator failed during the period from December 1969 through March 1970 but maintained that repairs were occasionally made, though Academy Spires did not produce a record of these repairs. Academy Spires also disputed Brown’s contention that the heat, the elevator service, and the incinerator were not available for an extended period of time.
Rule of Law
Issue
Holding and Reasoning (Yanoff, J.)
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