Supreme Court of New Jersey

Wasserman’s Inc. and Jo-Ro, Inc., Plaintiffs-Respondents v. Township of Middletown, Defendant-Appellant

August 2, 1994137 N.J. 238

Summary

The Supreme Court of New Jersey affirmed that the lease between Wasserman’s Inc. and the Township of Middletown was valid under the statute then in effect and that the Township is liable for the renovation reimbursement, but it reversed and remanded the issue of whether the clause requiring payment of twenty‑five percent of the lessee’s average gross receipts is an enforceable liquidated damages provision.