Legal Opinion · Dissent

Maglies v. Estate of Guy

Supreme Court of New Jersey

Decided December 12, 2007Published

1DissentJustice Hoens

Today, the majority of this Court holds that an occupant of a leasehold which has terminated, both by operation of law and by the terms of the lease agreement itself, is entitled to the protections of the Anti-Eviction Act, N.J.S.A 2A:18-61.1 to -61.12 (the Act). In my view, the majority has failed to adhere to and apply the plain language of the Act; has declined to analyze and appreciate the significance of the applicable legislative history of the Act; and has refused to recognize the impact of the time-honored principles of contract law on which the Act, the related federal statutes and…

2Cases cited13 opinions

  1. Kampf v. Franklin Life InsuranceSupreme Court of New Jersey · 1960
  2. Broadway Maintenance Corp. v. RutgersSupreme Court of New Jersey · 1982
  3. Cherry Hill Manor Associates v. FaugnoSupreme Court of New Jersey · 2004
  4. Daidone v. Buterick BulkheadingSupreme Court of New Jersey · 2007
  5. Graziano v. GrantNew Jersey Superior Court Appellate Division · 1999

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