LEVIN v. DEVOE


221 N.J. Super. 61 (1987)

533 A.2d 977

CAROL LEVIN AND JOSEPH LEVIN, PLAINTIFFS-APPELLANTS, v. GEORGE W. DEVOE, CY SALTZMAN AND THE ESTATE OF MILTON SALTZMAN, INDIVIDUALLY AND AS PARTNERS OF CAFCO, A PARTNERSHIP ORGANIZED UNDER THE LAWS OF THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided October 30, 1987.


Attorney(s) appearing for the Case

Charles A. Stein, attorney for appellants.

Farabaugh, Frieland, Giles & Smith, attorneys for respondents (Maurice Jefferson, on the brief).

Before Judges BRODY, LONG and SCALERA.


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

In this appeal we hold that the duty of a commercial property owner to maintain abutting sidewalks does not extend to maintaining curbs that are separated from the sidewalk by a grass strip.

Plaintiff Carol Levin (plaintiff) sustained personal injuries when she tripped and fell on the curb in front of defendants' apartment building as she was about to cross the street. Her husband, plaintiff Joseph Levin...

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