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Nash v. Lerner

Supreme Court of New Jersey
Mar 17, 1999
157 N.J. 535 (N.J. 1999)

Summary

adopting the appellate panel's dissenting opinion finding a residential homeowner immune from liability for injuries caused on a sidewalk that traversed the homeowner's driveway because the homeowner's affirmative act did not cause the hazardous condition

Summary of this case from Cherry-Hernandez v. Ribeiro

Opinion

Argued February 16, 1999.

Decided March 17, 1999.

On appeal from the Superior Court, Appellate Division, whose opinion is reported at 311 N.J. Super. 183 (1998).

R. Peter Connell argued the cause for appellant ( Connell Connell, attorneys; Mr. Connell and Ronald S. Yuro, on the briefs).

Michael A. Cohan argued the cause for respondents.


The judgment of the Appellate Division is reversed, substantially for the reasons expressed in the dissenting opinion of Judge Rodriguez, reported at 311 N.J. Super. 183, 193 (1998).

Justice POLLOCK has filed a separate dissenting opinion.


I would affirm the judgment of the Appellate Division, substantially for the reasons expressed in Judge Shebell's majority opinion, reported at 311 N.J. Super. 183 (1998).


Summaries of

Nash v. Lerner

Supreme Court of New Jersey
Mar 17, 1999
157 N.J. 535 (N.J. 1999)

adopting the appellate panel's dissenting opinion finding a residential homeowner immune from liability for injuries caused on a sidewalk that traversed the homeowner's driveway because the homeowner's affirmative act did not cause the hazardous condition

Summary of this case from Cherry-Hernandez v. Ribeiro

In Nash, it was alleged that the defendant residential property owner used the sidewalk where the pedestrian was injured as part of her driveway, regularly driving over the sidewalk to reach the street and that this use damaged the sidewalk.

Summary of this case from Johnson v. Dymowski

In Nash, the plaintiff tripped over a sidewalk that crossed a residential driveway, and she then sued the owner of the premises.

Summary of this case from Corrigan v. Mogan
Case details for

Nash v. Lerner

Case Details

Full title:AMELIA NASH and FRED NASH, her husband, Plaintiffs-Respondents, v. BELLA…

Court:Supreme Court of New Jersey

Date published: Mar 17, 1999

Citations

157 N.J. 535 (N.J. 1999)
724 A.2d 798

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In cases since, we may have grappled with what was or was not commercial property, but we have not deviated…

Johnson v. Dymowski

[Id. at 204 (emphasis added).] Referring to this as the "no-duty rule for residential property," the Court…