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Reste Realty v. Cooper
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Reste Realty v. Cooper
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Court
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New Jersey Supreme Court
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Citation
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251 A.2d 268
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Date decided
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March 17, 1969
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Facts
- In 1958, Mrs. Cooper rented the basement floor of an office building for business meetings & training sessions
- Because of construction defects in the driveway, Cooper's rented space became flooded whenever it rained
- After re-surfacing by the proprietor, the rain leaks became worse
- After the former building manager died in 1961, the new building manager ignored Cooper's leak complaints
- Cooper's meetings & trainings were disrupted because of the water leaks
- After a rainstorm that flooded the building basement at 5 inches in December 1961, Cooper submitted a notice & vacated the premises
- Reste Realty Corp. = "Reste" = the new management company of Cooper's building in New Jersey in 1962
- Cooper's lease was assigned to Reste in 1962
Procedural History
- In 1964, Reste sued Cooper for un-paid rent for the balance of Cooper's lease term
- Cooper won in the trial court
- The trial court found that Cooper was the subject of a constructive eviction
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