In Hanna v. Woodland Community Association, the New Jersey Appellate Division was asked to determine whether the trial court erred in granting summary judgment to a landscaper, a community association, and a property management company based on the “on-going storm rule” adopted by the New Jersey Supreme Court in Pareja v. Princeton Int’l Props. in 2021. Under this rule, commercial landowners do not have a duty to remove the accumulation of snow and ice until the conclusion of a winter storm. The Court agreed with the trial court that under the rule, the landscaper, community association and management company had
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Monthly Archives November 2022
NJ Appeals Court Finds Landlord Property Owner Has No Duty of Care for Personal Injury Claim Where Lease Requires Tenant Business to Maintain Property
The New Jersey Appellate Division upheld a trial court’s grant of summary judgment to a defendant landowner in a personal injury negligence suit brought against the property owner and tenant for injuries sustained at the leased property. In Gudoski v. Rock Pile Property, LLC, the court addressed a situation where Plaintiff was injured when he went to the leased property to give his friend—the owner of the tenant business—some advice about a crack in the building. Under the lease with the landowner, the tenant was responsible for all maintenance and repairs to the building. While inspecting the property, he fell
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