Luchejko v. City of Hoboken
23 A.3d 912
| N.J. | 2011Background
- Luchejko slipped on ice on the public sidewalk abutting Skyline at 551 Observer Highway, Hoboken, injuring his leg in February 2006 after a recent heavy snowstorm.
- Skyline at Hoboken Condominium Association, Inc. (Skyline) is a 104-unit residential condo with common elements including sidewalks, managed by CM3 and funded by unit-owner assessments.
- CM3 Management Company supervised Skyline’s affairs, including hiring snow-removal services; D & D Snow Plowing contracted to clear snow and apply ice melt; Skyline’s doorkeepers occasionally salted sidewalks.
- Hoboken City Code requires abutting property owners to remove snow/ice within six hours after a snowfall; the city had inspected main streets but not Skyline’s abutting sidewalks on February 14, 2006.
- Luchejko sued Skyline, CM3, Hoboken, and D & D for negligence; summary judgment favored Skyline, CM3, and Hoboken, with D & D settling; the appellate court affirmed, concluding Skyline’s use was residential and not liable.
- The Supreme Court of New Jersey affirmed the Appellate Division, holding Skyline, a residential property, is not subject to sidewalk liability under the Stewart framework; a dissent would have imposed liability.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Skyline can be liable for sidewalk injuries as a residential landowner | Luchejko: residential owners should bear liability under Stewart | Skyline: residential status exempts liability under longstanding rule | Skyline not liable; residential use excludes sidewalk duty |
| Does the commercial-residential dichotomy govern liability for condo developments | Dichotomy should be set aside in favor of balancing equities for condo complexes | Dichotomy remains sound; Stewart framework controls liability | Maintain residential/commercial distinction; condo deemed residential; no liability |
| Is CM3 an agency or independent contractor for Skyline, affecting duty | CM3’s control-equity could impose duty on Skyline’s behalf | CM3 is Skyline’s agent; no independent duty to Luchejko | CM3 is Skyline’s agent; no separate duty owed by CM3 |
| Does municipal ordinance liability override private-sidewalk duties in this context | Ordinance violations by abutting owners should support private liability | Ordinances generally do not create private tort duties | No private right of action against abutting owners for ordinance breach |
Key Cases Cited
- Stewart v. 104 Wallace St., Inc., 87 N.J. 146 (1981) (held commercial landowners liable for failing to maintain abutting sidewalks)
- Mirza v. Filmore Corp., 92 N.J. 390 (1983) (duty to remove snow/ice extends from Stewart; cost of loss spreading noted)
- Brown v. Saint Venantius Sch., 111 N.J. 325 (1988) (applies Stewart framework to a non-profit/private school; commercial-like liability)
- Nash v. Lerner, 157 N.J. 535 (1999) (Residential use focus; driving over abutting sidewalk not active misconduct)
- Dupree v. City of Clifton, 175 N.J. 449 (2003) (nonprofit church; use of property commercial or not governs liability)