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STEWART v. 104 WALLACE ST., INC.

87 N.J. 146 (1981)

432 A.2d 881

HAROLD STEWART, PLAINTIFF-APPELLANT, v. 104 WALLACE STREET, INC., A CORPORATION OF THE STATE OF NEW JERSEY, T/A ERNIE'S TAVERN, AND JAY-NAN CORPORATION, A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided July 22, 1981.

Attorney(s) appearing for the Case

Alan Y. Medvin argued the cause for appellant (Horowitz, Bross & Sinins, attorneys).

Gerald Kaplan argued the cause for respondent 104 Wallace Street, Inc., etc. (Lieb, Berlin & Kaplan, attorneys).

William J. Hanley argued the cause for respondent Jay-Nan Corporation, etc. (Ronca, McDonald & Judge, attorneys; Dennis M. DiVenuta, on the brief).

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

In this case we are called upon once again to review this State's law of sidewalk negligence. In particular, we must decide whether an abutting commercial landowner is liable for a pedestrian's injuries caused by a dilapidated sidewalk. Most recently, in Yanhko v. Fane, 70 N.J. 528 (1976), the majority of a divided Court upheld the old rule of nonliability and dismissed plaintiffs...

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