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LUCHEJKO v. CITY OF HOBOKEN

A-38 September Term 2010, 066580

23 A.3d 912 (2011)

207 N.J. 191

Richard LUCHEJKO, Plaintiff-Appellant, v. The CITY OF HOBOKEN, CM3 Management Company and Skyline Condominium Association, Defendants-Respondents, and D & D Snow Plowing Company, Defendant.

Supreme Court of New Jersey.

Decided July 27, 2011.

Attorney(s) appearing for the Case

Denise Campbell argued the cause for appellant (Campbell Legal Associates, attorneys).

Robert C. Neff, Jr. , Florham Park, argued the cause for respondents Skyline Condominium and CM3 Management Company (Wilson, Elser, Moskowitz, Edelman & Dicker, attorneys; Mr. Neff and Mathew J. Broderick , on the brief).

Christopher K. Harriott submitted a letter in lieu of brief on behalf of respondent The City of Hoboken (Florio & Kenny, Hoboken, attorneys).

Justice LaVECCHIA delivered the opinion of the Court.

In this appeal we review whether a 104-unit condominium complex is liable in tort for injury sustained by a pedestrian on its abutting public sidewalk. An unbroken series of decisions by this Court has maintained a distinction between commercial and residential property owners for the purpose of imposing a duty to maintain sidewalks. In Stewart v. 104 Wallace Street, Inc., 87 N.J. 146

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