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MONHEIT v. AARON ROTTENBERG AND KED MAI, INC.

295 N.J. Super. 320 (1996)

685 A.2d 32

SAMUEL MONHEIT AND RACHEL MONHEIT, HUSBAND AND WIFE, PLAINTIFFS-APPELLANTS/CROSS-RESPONDENTS, v. AARON ROTTENBERG AND KED MAI, INC., DEFENDANTS-RESPONDENTS/CROSS-APPELLANTS, AND LAWRENCE PARK HOMEOWNERS ASSOCIATION; LAWRENCE PARK DEVELOPMENT COMPANY; K & G MASON, INC.; ABC MAINTENANCE CO.; AND JOHN DOE(S) 1-10, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided November 27, 1996.

Attorney(s) appearing for the Case

Charles A. Cerussi argued the cause for appellants/cross-respondents (Giordano, Halleran & Ciesla, attorneys; David P. Corrigan, of counsel and on the brief; Mr. Cerussi, on the brief).

Eli L. Eytan argued the cause for respondents/cross-appellants (Mauro C. Casci, attorney; Mr. Eytan, on the brief).

Before Judges SHEBELL, BAIME and LEVY.

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

Plaintiff Samuel Monheit was injured when he fell while inspecting a partially constructed townhouse in a development in which he was about to purchase a unit. The developer, Aaron Rottenberg, trading as Ked Mai, Inc., expressly had invited plaintiff onto the property to determine what features he wished to have incorporated into his future residence. However, an employee of K & G Masons, Inc. who was working...

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