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LUCHEJKO v. CITY OF HOBOKEN

DOCKET NO. A-5702-07T2.

998 A.2d 506 (2010)

414 N.J. Super. 302

Richard LUCHEJKO, Plaintiff-Appellant, v. CITY OF HOBOKEN, CM3 Management Company and Skyline Condominium Association, Defendants-Respondents, and D & D Snow Plowing Company, Defendant.

Superior Court of New Jersey, Appellate Division.

Decided July 12, 2010.

Attorney(s) appearing for the Case

Denise Campbell, argued the cause for appellant (Campbell Legal Associates, P.L.L.C., attorneys; Ms. Campbell, on the brief).

Robert C. Neff, Jr., Newark, argued the cause for respondent Skyline Condominium Association (Wilson, Elser, Moskowitz, Edelman & Dicker, attorneys; Mr. Neff, of counsel and on the brief).

Nita G. Raval, Hoboken, argued the cause for respondent City of Hoboken (Florio & Kenny, attorneys; Ms. Raval, of counsel; Christopher K. Harriott, on the brief).

Before Judges RODRÍGUEZ, YANNOTTI and CHAMBERS.

The opinion of the court was delivered by

RODRÍGUEZ, A.A., P.J.A.D.

The principal, novel issue presented in this appeal is whether for sidewalk liability purposes, a condominium association has a duty to maintain an abutting public sidewalk as if it were a commercial landowner. We hold that a condominium association does not bear such duty or responsibility. We also reject other theories of liability against...

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