Turck v. Kaywal Realty Co.

Plaintiff appeals from a judgment of the Law Division of the Superior Court, County of Bergen, dismissing plaintiff's cause of action on defendant's motion that he had failed to establish a prima facie case of negligence against defendant.

Plaintiff asserts that the trial court erred in "deciding at the end of the plaintiff's case that there was no proof of any negligence on the part of the defendant through its agent which was the proximate cause of the injury to plaintiff." Defendant did not raise any issue as to its legal duty to make repairs.

The pertinent facts are: Plaintiff and his wife…