Victoria Michaels and Frank Michaels, Plaintiffs-Appellants v. Brookchester, Inc., a New Jersey Corporation…

Summary

The Supreme Court of New Jersey affirmed the trial court's judgment for the tenants, holding that a landlord's covenant to repair creates a tort duty of reasonable care independent of any control doctrine, that the lease was ambiguous and thus its meaning should be submitted to the jury, and that the trial court erred not in allowing an adverse inference from the landlord's failure to call its employees.