Julia Yanhko and Adam Yanhko, Sr., Plaintiffs-Appellants v. Sheldon Fane and Dora H. Fane

Summary

The Supreme Court of New Jersey affirmed the dismissal, holding that an abutting landowner is not liable for a pedestrian’s injuries caused by a defective sidewalk unless the owner or a predecessor in title negligently constructed or repaired the sidewalk; the Court also rejected the view that a municipal ordinance imposing maintenance creates a private tort duty. Justice Pashman dissented, arguing that the abutting owner should be liable regardless of who caused the defect.