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 of the plaintiffs' claim, holding that an abutting landowner is not liable for a pedestrian's injuries from a defective sidewalk unless the owner or a predecessor in title negligently constructed or repaired it, and that a municipal ordinance requiring maintenance does not create a private tort duty. The Court also required plaintiffs to prove negligent construction or repair rather than rely on inference. A dissent by Justice Pashman argued for expanding liability. The decision leaves the existing rule unchanged.