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McBRIDE v. PORT AUTH. OF N.Y. AND N.J.

295 N.J. Super. 521 (1996)

685 A.2d 520

DANIEL MCBRIDE AND HELENA MCBRIDE, HIS WIFE, PLAINTIFFS-RESPONDENTS, v. PORT AUTHORITY OF NEW YORK AND NEW JERSEY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 6, 1996.

Attorney(s) appearing for the Case

Philip L. Geibel argued the cause for appellant (Stevens & Minter, attorneys; Mr. Geibel, on the brief).

Charles R. Cohen argued the cause for respondents (Pearl, Levy and Cohen, attorneys; Mr. Cohen, on the brief).

Before Judges MICHELS, MUIR, Jr., and COBURN.

The opinion of the court was delivered by COBURN, J.S.C. (temporarily assigned).

The dispositive issue posed by this appeal is whether an employee of a commercial tenant in exclusive possession may hold the tenant's landlord responsible for personal injuries suffered on the leased premises, due to a lack of proper maintenance or repair, when the lease unquestionably places responsibility for such maintenance or repair solely upon the tenant. Since we are convinced...

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