Opinion
DOCKET NO. A-2360-17T3
12-11-2018
LISA MERMELSTEIN, Plaintiff-Appellant, v. HARBORSIDE UNIT A URBAN RENEWAL, LLC, IRONSTATE DEVELOPMENT, LLC, and AJD CONSTRUCTION CO., Defendants-Respondents, and CANDLEWOOD JC, UR c/o K. FAHEY-THOMPSON, Defendant.
Brandon J. Broderick, LLC, attorneys for appellant (Alan K. Albert, on the brief). Wilson, Elser, Moskowitz Edelman & Dicker, LLP, attorneys for respondents (Maxwell L. Billek and Michael P. Chipko, of counsel; Michael P. Chipko, on the brief).
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. Before Judges Fisher and Suter. On appeal from Superior Court of New Jersey, Law Division, Hudson County, Docket No. L-1474-16. Brandon J. Broderick, LLC, attorneys for appellant (Alan K. Albert, on the brief). Wilson, Elser, Moskowitz Edelman & Dicker, LLP, attorneys for respondents (Maxwell L. Billek and Michael P. Chipko, of counsel; Michael P. Chipko, on the brief). PER CURIAM
In April 2014, while in Jersey City strolling from one business to another, plaintiff walked passed defendants' commercial property; she stepped off the curb, onto the street, and fell. She commenced this suit, claiming defendants' negligent maintenance of their property triggered the fall. Defendants successfully moved for summary judgment, and plaintiff now appeals.
We find no merit in the argument that the judge mistakenly granted summary judgment. An occupier of commercial property owes a duty to users of abutting sidewalks, Stewart v. 104 Wallace St., Inc., 87 N.J. 146, 159 (1981), but that duty extends no farther. Plaintiff testified at her deposition that she stepped "off the curb" and "out into the street" when she "went down." There is no genuine factual dispute that her fall was not caused by nor occurred on the abutting sidewalk. Defendants owed plaintiff no duty regarding the condition of the street.
Affirmed.
I hereby certify that the foregoing is a true copy of the original on file in my office.
CLERK OF THE APPELLATE DIVISION