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KANDRAC v. MARRAZZO'S MARKET

Docket No. A-6081-10T3

57 A.3d 11 (2012)

429 N.J. Super. 79

Arlene KANDRAC and Richard Kandrac, h/w, Plaintiffs-Appellants, v. MARRAZZO'S MARKET AT ROBBINSVILLE, Defendant-Respondent, and Foxmoor Associates, Defendant.

Superior Court of New Jersey, Appellate Division.

Decided November 5, 2012.

Reargued October 23, 2012.

Attorney(s) appearing for the Case

Jerrold Kamensky , Trenton, argued the cause for appellants (Kamensky, Cohen & Riechelson, attorneys; Mr. Kamensky and Kristin Teufel , on the briefs).

Brad M. Weintraub argued the cause for respondent (Weiner Lesniak LLP, attorneys; Adam Kenny , Parsippany, of counsel and on the brief; Mr. Weintraub , on the brief).

Before Judges MESSANO, ESPINOSA and KENNEDY (October 23, 2012).

The opinion of the court was delivered by

ESPINOSA, J.A.D.

This appeal from an order granting summary judgment concerns whether a commercial tenant in a multi-tenant shopping center owes a duty to its patrons to maintain an area of the parking lot that the landlord is contractually obligated to maintain. We hold that, as a general rule, the commercial tenant does not have such a duty and affirm.

In reviewing the order that granted summary judgment...

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