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 and its manager CM3 are residential property owners and therefore owe no tort duty to maintain the adjacent public sidewalk. The Court also affirmed that the City of Hoboken is not liable under the Tort Claims Act. Justice LONG dissented, arguing that the association should be liable under a balancing analysis.