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J.H. v. R & M TAGLIARENI, LLC

A-6 September Term 2018 081128.

216 A.3d 169 (2019)

239 N.J. 198

J.H., an infant by his Guardian Ad Litem, A.R., and A.R., individually, Plaintiffs-Respondents, v. R & M TAGLIARENI, LLC, Robert & Maria Tagliareni, II, LLC, Defendants-Appellants. R & M Tagliareni, LLC, Robert & Maria Tagliareni, II, LLC, Defendants/Third-Party Plaintiffs, v. J.H., Sr., V.H. and L.C., Third-Party Defendants.

Supreme Court of New Jersey.

Decided July 31, 2019.

Attorney(s) appearing for the Case

Danielle M. Hughes , argued the cause for appellants (Koster, Brady & Nagler, attorneys; Danielle M. Hughes, Red Bank, on the briefs).

John E. Molinari argued the cause for respondents (Blume, Forte, Fried, Zerres & Molinari, attorneys; John E. Molinari and Alexa C. Salcito , on the brief).

Michael J. Epstein , argued the cause for amicus curiae New Jersey Association for Justice (The Epstein Law Firm, attorneys; Michael J. Epstein, of counsel and on the brief, and Michael A. Rabasca , Rochelle Park, on the brief).

In this appeal, the Court considers whether liability should be imposed on a landlord based on a theory of regulatory responsibility over an apartment building's heating system, or based on a new common law duty to cover an apartment unit's radiator with insulating material.

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