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ANTENUCCI v. MR. NICK'S MENS SPORTSWEAR

212 N.J. Super. 124 (1986)

514 A.2d 75

CARMELLA ANTENUCCI, PLAINTIFF-APPELLANT, v. MR. NICK'S MENS SPORTSWEAR, DEFENDANT-THIRD-PARTY PLAINTIFF-RESPONDENT, AND BARNATHAN BROTHERS INC., THIRD-PARTY DEFENDANTS-RESPONDENTS. CARMELLA ANTENUCCI, PLAINTIFF-RESPONDENT, v. MR. NICK'S MENS SPORTSWEAR, DEFENDANT-THIRD-PARTY PLAINTIFF-RESPONDENT, AND BARNATHAN BROTHERS, INC., THIRD-PARTY DEFENDANT-APPELLANT, AND RICCARDO MARRERO, THIRD-PARTY DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided August 20, 1986.

Attorney(s) appearing for the Case

Lane M. Ferdinand argued the cause for appellant Carmella Antenucci.

Allan Maitlin argued the cause for appellant Barnathan Brothers, Inc. (Feuerstein, Sachs, Maitlin, Rosenstein & Fleming, attorneys).

Donald L. Crowley, argued the cause for respondent Mr. Nick's Mens Sportswear (Gorrin, Whitken & Crowley, attorneys).

Respondent Barnathan Brothers, Inc. brief was suppressed.

Before Judges FRITZ, GAYNOR and BAIME.

The opinion of the court was delivered by GAYNOR, J.A.D.

These matters involve the asserted liability of a commercial tenant for injuries sustained by a pedestrian because of the poor condition of the sidewalk abutting the store premises, and the effect of the tenant's failure to comply with the provision in the lease requiring it to obtain liability insurance for the benefit of the landlord. As the cases have a common factual genesis we consolidate them for the purposes...

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