Ireneusz Kuzmicz, Marie Kuzmicz, Tadeusz Wronowski and Hannah Wronowski, Plaintiffs-Respondents v. Ivy Hill Park…

Summary

The Supreme Court of New Jersey reversed the Appellate Division and remanded for a judgment in favor of Ivy Hill, holding that Ivy Hill owed no duty to its tenant to warn of or prevent criminal assault on the adjacent Board of Education lot. The Court emphasized that Ivy Hill had no control over the lot, derived no economic benefit from the shortcut, and that imposing such a duty would be unfair and contrary to precedent. The dissent argued that the landlord’s knowledge of the danger created a duty.