FILIPOWICZ v. DILETTO


796 A.2d 296 (2002)

350 N.J. Super. 552

Ruthann FILIPOWICZ and James Filipowicz, Plaintiffs-Appellants, v. Robert DILETTO and Linda Diletto, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided May 7, 2002.


Attorney(s) appearing for the Case

Jeffry A. Mintz, Mount Holly, argued the cause for appellants.

William F. Hartigan, Jr., Trenton, argued the cause for respondents (McLaughlin & Cooper, attorneys; Mr. Hartigan, of counsel and on the brief).

Before Judges NEWMAN, FALL and AXELRAD.


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

At issue here is the duty owed by a property owner to the public who are invited to the property where a garage or yard sale is conducted. In granting summary judgment and dismissing plaintiffs' complaint, the trial court found no duty owed to the injured party who fell where there was a three and one-half inch grade difference between the lawn and the sidewalk, which...

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