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KUZMICZ v. IVY HILL PARK APARTMENTS, INC.

147 N.J. 510 (1997)

688 A.2d 1018

IRENEUSZ KUZMICZ, MARIE KUZMICZ, TADEUSZ WRONOWSKI AND HANNAH WRONOWSKI, PLAINTIFFS-RESPONDENTS, v. IVY HILL PARK APARTMENTS, INC. A/K/A IVY HILL PARK SECTION V, DEFENDANT AND THIRD PARTY PLAINTIFF-APPELLANT. CITY OF NEWARK AND NEWARK BOARD OF EDUCATION, DEFENDANTS, v. GREAT ATLANTIC AND PACIFIC TEA COMPANY, INC., THIRD PARTY DEFENDANT-RESPONDENT, AND JOHN DOE, THIRD PARTY DEFENDANT.

The Supreme Court of New Jersey.

Decided February 20, 1997.

Attorney(s) appearing for the Case

John Burke argued the cause for appellant (Berlin, Kaplan, Dembling & Burke, attorneys).

Joel C. Rinsky argued the cause for respondents Ireneusz Kuzmicz, Marie Kuzmicz, Tadeusz Wronowski and Hannah Wronowski.

Raymond R. Connell argued the cause for respondent Great Atlantic & Pacific Tea Company, Inc. (Dwyer, Connell & Lisbona, attorneys).

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

Plaintiff Ireneusz Kuzmicz was a tenant of defendant Ivy Hill Park Apartments, Inc. (Ivy Hill), which owns an apartment complex in Newark. On the night of December 8, 1989, Kuzmicz was assaulted on a vacant lot owned by defendant Newark Board of Education (the Board). The lot is located between the complex and a grocery store owned by defendant Great Atlantic & Pacific Tea Company, Inc. (the A & P). The...

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