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NIELSEN v. LEE

810 A.2d 600 (2002)

355 N.J. Super. 373

Gilbert L. NIELSEN, Plaintiff-Appellant, v. Jong Sil LEE, Yun Ja Lee and Howard Hertz, Defendants-Respondents, Borough of Metuchen, County of Middlesex, State of New Jersey and Suter Opticians, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided December 3, 2002.

Attorney(s) appearing for the Case

Eichen Levinson, attorneys for appellant (H. Todd Hess, Weehawken, on the brief).

Stahl & DeLaurentis, attorneys for respondents Jong Sil Lee and Yun Ja Lee (Sharon K. Galpern, Mount Laurel, on the brief).

Biancamano & Di Stefano, attorneys for respondent Howard Hertz (Lawrence F. Citro, Jersey City, on the brief).

Before Judges PRESSLER, WALLACE, JR., and HOENS.

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

This is a sidewalk fall-down case in which the asserted sidewalk defect resulted from the heaving of a concrete slab caused by the root of a shade tree. Plaintiff Gilbert L. Nielsen appeals from a summary judgment dismissing his complaint against the abutting commercial owners, Jong Sil Lee and Yun Ja Lee, and the commercial tenant, defendant Howard Hertz. The trial...

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