WALUSHEN v. MAFFEY


190 N.J. Super. 645 (1983)

464 A.2d 1219

DOROTHY WALUSHEN, PLAINTIFF, v. CHARLES MAFFEY, ET AL., DEFENDANTS.

Superior Court of New Jersey, Law Division Union County.

June 27, 1983.


Attorney(s) appearing for the Case

Leonard Bzura for plaintiff (Forman, Forman, Cardonsky, Andril & Bzura, attorneys).

John Burke for defendants (Lieb, Berlin & Kaplan, attorneys).


GRIFFIN, J.S.C.

The issue presented is whether a commercial tenant, as opposed to the owner, has a duty to maintain the abutting public sidewalk in order to protect non-invitee pedestrians. This court holds that no such duty exists.

Plaintiff Dorothy Walushen fell on the public sidewalk in front of Globe Cleaners. She was not a patron of Globe, a commercial tenant. Plaintiff instituted suit against both the owner of the building and Globe. The lease between...

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