KRIEGER v. OWNERSHIP CORPORATION

No. 12843.

270 F.2d 265 (1959)

Mollie KRIEGER, Appellant, v. OWNERSHIP CORPORATION, a Corporation of New Jersey.

United States Court of Appeals Third Circuit.

Decided August 11, 1959.

Rehearing Denied September 29, 1959.


Attorney(s) appearing for the Case

Bernard Chazen, Hoboken, N. J. (Max & Koenig, Jersey City, N. J., on the brief), for appellant.

Vincent D. Enright, Jr., Newark, N. J. (McKeown, Harth & Enright, Newark, N. J., Maurice J. McKeown, Newark, N. J., on the brief), for appellee.

Before McLAUGHLIN, KALODNER and STALEY, Circuit Judges.


KALODNER, Circuit Judge.

Was there a genuine issue as to a material fact, which under well-settled principles, precluded the entry of a summary judgment?

In New Jersey, is the invitee of a tenant, injured by reason of a landlord's negligent performance of his express agreement to make repairs to the leased premises, barred from making recovery from the landlord because the invitee is "an utter stranger to the landlord"?

These two issues are presented...

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