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STRAUS v. BOROUGH OF CHATHAM

719 A.2d 664 (1998)

316 N.J. Super. 26

Shirley STRAUS and Theodore Straus, Plaintiffs-Appellants, v. The BOROUGH OF CHATHAM, Old Mill Mountain Shop, Inc., t/a Packmasters/Wheelmasters Sporting and/or the Chatham Bike Shop, and Solu and Solu, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided October 29, 1998.

Attorney(s) appearing for the Case

Philip B. Vinick, Roseland, for plaintiffs-appellants (Vinick & Docherty, attorneys; Darryl T. Garvin, on the brief).

Moira E. Colquhoun, Morristown, for defendants-respondents Solu and Solu (Colquhoun & Colquhoun, attorneys; Ms. Colquhoun, on the brief).

Frank J. Kunzier, Parsippany, for defendants-respondents Old Mill Mountain Shop, Inc. t/a Packmasters/Wheelmasters Sporting and/or The Chatham Bike Shop.

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

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

In this personal injury, sidewalk fall-down case, plaintiffs appeal from the grant of summary judgment to the commercial property owner, defendant Solu and Solu, and the commercial tenant, defendant Old Mill Mountain Shop, Inc., in front of whose premises the accident occurred. The action against defendant Borough of Chatham was settled. The Law Division judge granted summary judgment because Chatham had a municipal...

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