Tooley's Truck Stop, Inc. v. Chrisanthopouls

The opinion of the court was delivered by

Jacobs, J.

The Law Division held that the defendants were under no obligation to operate a diner on the premises they leased from the plaintiff’s predecessor and that they could continue as lessees for the full term of the lease so long as they paid the monthly rental. The plaintiff appealed to the Appellate Division which affirmed in an unreported per curiam. We thereafter granted the plaintiff’s petition for certification. 54 N. J. 242 (1969).

Tooley’s Truck Stop has been operated in Jersey City since the early forties. It is located on a large tract…