Supreme Court of New Jersey

Aaron Marder, Plaintiff-Appellant v. Realty Construction Co., a New Jersey Corporation, Defendant-Respondent, and…

December 14, 196443 N.J. 508

Summary

The Supreme Court of New Jersey affirmed the trial court's judgment for the defendant and upheld the Appellate Division's decision vacating a default judgment. It held that the plaintiff could not recover damages for trespass because the claim was beyond the statutory remedy, and it clarified that damages may be measured directly without needing to establish possession.