Supreme Court of New Jersey

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

February 20, 1997147 N.J. 510

Summary

The New Jersey Supreme Court reversed the Appellate Division, holding that Ivy Hill Park Apartments owed no duty to its tenant, Kuzmicz, to warn of or prevent criminal assault on the adjacent Board of Education lot, and remanded for a judgment in Ivy Hill's favor. Justice Stein dissented, arguing that Ivy Hill did have a duty to repair the fence opening and that the jury's verdict should be upheld.