Richard Luchejko, Plaintiff-Appellant v. the City of Hoboken, Cm3 Management Company and Skyline Condominium…

Summary

The Supreme Court of New Jersey affirmed the Appellate Division’s grant of summary judgment, holding that the Skyline Condominium Association is a residential property owner and therefore not subject to the sidewalk‑maintenance duty established for commercial owners in Stewart. The Court also held that CM3 Management Company, as Skyline’s agent, owed no independent duty, and that the City of Hoboken could not be sued for breach of its sidewalk‑clearing ordinance. Justice LONG dissented, arguing that the condominium should be liable under the Stewart duty factors.