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JOZEFYK v. WALKER

234 N.J. Super. 196 (1989)

560 A.2d 719

JOHN JOZEFYK, PLAINTIFF-APPELLANT, v. GEORGE E. WALKER, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 26, 1989.

Attorney(s) appearing for the Case

Genora Rosypal, argued the cause for appellant.

Melville D. Lide, argued the cause for respondent (Radano & Lide, attorneys).

Before Judges KING, BRODY and ASHBEY.

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

This case turns on whether the defendant George Walker was an "occupant" of the premises where the accident occurred so as to enjoy the immunity provided by the Landowner's Liability Act, N.J.S.A. 2A:42A-2 to -7, L. 1968, c. 73.

The accident happened on April 28, 1984 when the plaintiff, John Jozefyk, was visiting a cabin built and maintained by his grandfather, George Walker. Plaintiff...

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