Auster v. Kinoian, 153 N.J.Super. 52, 378 A.2d 1171 (App. Div. 1977)

Practice Areas: General Liability

Negligence action was brought against owner and lessee of retail premises which abutted public sidewalk upon which plaintiff fell. The Superior Court, Law Division, dismissed the complaint, and appeal was taken. The Superior Court, Appellate Division, Pressler, J. A. D., held that: (1) plaintiffs were precluded from recovering against owner and lessee of retail premises, in view of plaintiffs’ failure to show that fall was caused either by defect in sidewalk’s construction or design attributable to either defendant or specified predecessor in title or by defect resulting from special use of premises by either defendant; (2) trial court did not err in denying plaintiffs’ request for continuance of summary judgment motions, and (3) trial court committed harmless error in directing that summary judgment be entered “without prejudice.”

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