BABOGHLIAN v. SWIFT ELEC. SUPPLY CO.

A-106 September Term 2007.

964 A.2d 304 (2009)

197 N.J. 509

Elizabeth BABOGHLIAN, individually and as Executrix of the Estate of Vartkes O. Baboghlian, Vartkes Baboghlian Shelter Trust, Vigen Baboghlian, Vartkes K. Baboghlian, Estate of Rahile Baboghlian and Artistic Furniture & Lighting Co., Inc. and/or Vartkes O. Baboghlian and Elizabeth Baboghlian T/A Artistic Furniture & Lighting Company, Plaintiffs-Respondents, v. SWIFT ELECTRICAL SUPPLY CO., a Corporation, a/k/a Swift Electrical Supply Co., Inc., Swift Electric Supply Co., a Corporation, Swift Electric Supply Co., as successor-in-interest to Swift Electric Supply Co., August Sodora, improperly plead as August Sadora, individually and t/a Swift Electrical Supply Co. and/or Swift Electric Supply Co. and August Sodora, Jr., improperly plead as August Sadora, Jr., individually and t/a Swift Electrical Supply Co. and/or Swift Electric Supply Co., Defendants-Appellants, and ABC Corporations 1-5 and John Does 1-5, Defendants.

Supreme Court of New Jersey.

Decided February 18, 2009.


Attorney(s) appearing for the Case

Janet L. Poletto, Springfield, argued the cause for appellants (Hardin, Kundla, McKeon & Poletto, attorneys; Ms. Poletto and Patrick J. McCormick, on the brief).

Robert E. Rochford, argued the cause for respondents.


Justice WALLACE, delivered the opinion of the Court.

In this appeal, we determine whether the owner of a building, who voluntarily installs a fire alarm system, owes a nondelegable duty to comply with certain provisions of the Uniform Fire Code (Code), N.J.A.C. 5:70-1.1 to -4.20. Plaintiffs sued defendants, their next-door neighbors, alleging that they were negligent in failing to apply for a permit to install their fire alarm system and in failing to properly...

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