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MEIER v. D'AMBOSE

No. A-2555-09T1.

17 A.3d 271 (2011)

419 N.J. Super. 439

Theresa MEIER, as Administratrix Ad Prosequendum of the Estate of Ralph Ciccone, and Theresa Meier, Individually, Plaintiff-Appellant, v. Pasquale D'AMBOSE, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided April 28, 2011.

Attorney(s) appearing for the Case

David P. Affinito , Orange, argued the cause for appellant (Dell'Italia Affinito & Santola, attorneys; Mr. Affinito , on the brief).

Edward L. Thornton argued the cause for respondent ( Methfessel and Werbel , attorneys; Mr. Thornton , of counsel and on the brief; Amanda J. Schmesser , Edison, on the brief).

Before Judges FUENTES, GILROY and ASHRAFI.

The opinion of the court was delivered by

ASHRAFI, J.A.D.

Plaintiff Theresa Meier, individually and as the representative of the estate of her brother, Ralph Ciccone, appeals from an order of the Law Division dismissing by summary judgment her negligence and wrongful death complaint. The issue presented is whether the owner-landlord of a single-family residence had a duty to the tenant to maintain, and thus periodically inspect, the furnace to prevent a hazardous...

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