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KERNAN v. ONE WASHINGTON PARK

154 N.J. 437 (1998)

713 A.2d 411

RITA KERNAN, PLAINTIFF-RESPONDENT, v. ONE WASHINGTON PARK URBAN RENEWAL ASSOCIATES, DEFENDANT-APPELLANT, v. INTERNATIONAL SERVICE SYSTEM, INC., ABC CORPORATION 1-5, (SAID NAMES BEING FICTITIOUS), AND JOHN DOES 1-10, (SAID NAMES BEING FICTITIOUS), DEFENDANTS.

The Supreme Court of New Jersey.

Decided June 12, 1998.

Attorney(s) appearing for the Case

Jeffrey W. Mazzola, argued the cause for appellant (Staehle & Smith, attorneys).

Richard T. Garofalo, argued the cause for respondent (Garrity, Graham, Favetta & Flinn, attorneys).

The opinion of the Court was delivered by GARIBALDI, J.

The central question in this appeal is whether a commercial landowner in bankruptcy, who is judicially precluded from engaging in the management and control of its property by the court appointment of a trustee and managing agent, owes a duty to third persons to maintain an abutting public sidewalk in a reasonably safe condition.

I.

Following a severe snowstorm on January 17, 1994, Rita Kernan...

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