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WINKLER v. MOTTER

310 N.J. Super. 393 (1997)

FREDERICK WINKLER, PLAINTIFF, v. ROGER MOTTER, INDIVIDUALLY AND D/B/A TOWER STEAK HOUSE, ANTHONY FRANCHINO AND BERNICE FRANCHINO, DEFENDANTS. ANTHONY FRANCHINO AND BERNICE FRANCHINO, DEFENDANTS/THIRD PARTY PLAINTIFFS, v. AMERICA'S INSURANCE CENTER, THIRD PARTY DEFENDANT.

Superior Court of New Jersey, Law Division Union County.

Decided February 7, 1997.

Attorney(s) appearing for the Case

Stephen S. Weinstein, for plaintiff.

Terence M. King, for defendants-third party plaintiffs Franchinos.

SACHAR, J.S.C.

This action arises from personal injuries plaintiff sustained while an invitee at commercial premises known as "Tower Steak House". The injury was a result of a structural defect. The co-defendant landlord/owner Franchinos moves for summary judgment against plaintiff and co-defendant tenant based on the argument that a commercial landlord is not liable for injuries to a third person where the tenant is in exclusive control of the premises and the tenant...

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