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SCULLY v. FITZGERALD

843 A.2d 1110 (2004)

179 N.J. 114

Daniel SCULLY, Plaintiff-Respondent, v. William FITZGERALD, Defendant-Appellant.

Supreme Court of New Jersey.

Decided March 24, 2004.

Attorney(s) appearing for the Case

Anthony P. Pasquarelli, argued the cause for appellant (Sweet, Pasquarelli & Wiebalk, attorneys).

Michael R. Scully, Hackensack, argued the cause for respondent.

Justice ALBIN delivered the opinion of the Court.

A landlord has a duty to keep areas within his control in a reasonably safe condition so as not to endanger the lives or property of his tenants. In this case, plaintiff, a commercial tenant, claims that defendant, his landlord, breached that duty because of the dangerous manner in which he maintained an open storage area with construction...

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