Gray v. CALDWELL WOOD PRODUCTS
425 N.J. Super. 496
| N.J. Super. Ct. App. Div. | 2012Background
- Plaintiff injured Jan 18, 2009, on ice/snow on sidewalk in front of vacant commercial building.
- Building had been vacant since Oct 1, 2007; no electricity; boarded windows and locked doors.
- Owner marketed property for sale; allowed prospective buyers to inspect; property insured commercially.
- Defendant moved for summary judgment relying on Abraham v. Gupta (no sidewalk liability for vacant commercial lot).
- Court clarified that commercial property owners can have sidewalk liability when property has capacity to generate income and is part of a business enterprise.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether sidewalk liability applies to a vacant commercial building owner. | Gray argues owner has duty to maintain abutting sidewalk under Stewart/Mirza principles. | 27-75th North Bergen argues no liability where property is vacant and not engaged in business. | Yes, owner has duty; reversed and remanded for facts. |
Key Cases Cited
- Stewart v. 104 Wallace Street, Inc., 87 N.J. 146 (1981) (established duty to maintain sidewalks for commercial properties)
- Abraham v. Gupta, 281 N.J. Super. 81 (App.Div. 1995) (vacant commercial lot not liable under Stewart when no income generation)
- Mirza v. Filmore Corp., 92 N.J. 390 (1983) (duty to remove snow/ice is important and less onerous than general maintenance)
- Luchejko v. City of Hoboken, 414 N.J. Super. 302 (App.Div. 2010) (ordinance may establish standard of conduct; not a tort duty per se)
- Yanhko v. Fane, 70 N.J. 528 (1976) (historical rule of sidewalk liability for owner neglect)