Smith v. Young

The opinion of the court was delivered by

KESTIN, J.A.D.

This appeal represents yet another episode in the continuing saga of the development of sidewalk liability law in New Jersey. Plaintiff incurred serious injury when he slipped and fell on an accumulation of ice on a public sidewalk in front of defendants’ property, a co-owned, two-family home in which only one of the co-owners resides, with the remaining residential unit rented to tenants by the other co-owner.

The trial court dismissed the complaint on defendants’ motion for summary judgment, after classifying the property as residential,…