Kuzmicz v. Ivy Hill Park Apartments, Inc.

The opinion of the Court was delivered by

POLLOCK, J.

Plaintiff Ireneusz Kuzmiez was a tenant of defendant Ivy Hill Park Apartments, Inc. (Ivy Hill), which owns an apartment complex in Newark. On the night of December 8, 1989, Kuzmiez was assaulted on a vacant lot owned by defendant Newark Board of Education (the Board). The lot is located between the complex and a grocery store owned by defendant Great Atlantic & Pacific Tea Company, Inc. (the A & P). The issue is whether under the circumstances of this case Ivy Hill owed Kuzmiez a duty to protect him by mending a bordering fence or warning…