In Vargas v. Orosco (unpublished), a personal injury case involving a slip and fall on a staircase at a leased property, the Appellate Division of the New Jersey Superior Court remanded the trial court’s grant of summary judgment to the landlords on the basis that a question of material fact existed as to whether the location of the incident was a common area under the landlords’ control or an area in the exclusive control of the tenant. The trial court found that the cause of the plaintiff’s fall was a latent defect unknown to the parties, so no liability could be
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