Borges v. Hamed

In Borges v. Hamed, 247 N.J.Super. 295, 589 A.2d 169 (App.Div.1991), the Court refused to impose Stewart v. 104 Wallace Street, Inc liability on a three-family residence where the owners resided in one apartment and other family members resided in the other two apartments. The other family members paid rent to the owner, but we noted there was no evidence that the rent yielded a profit. Id. at 296, 589 A.2d 169. The Court said: "We do not consider what should be the result if defendants lived in one apartment and rented the other two at market rates. . . ." Ibid.