Case Law Summaries

Delivois v. Davis

LANDLORD’S LIABILITY; PETS—It is not a probable consequence of a clause in a lease prohibiting pets that a dog will bite a person off-premises.

• Opinion Date: January 24, 2001
• Real Property Law

Leibig v. Somerville Senior Citizens Housing, Inc.

LANDLORD’S LIABILITY—A tenant injured by a condition in the apartment known to the tenant, not created by its landlord, and not the result of a faulty repair by its landlord, cannot recover from its landlord.

• Opinion Date: October 4, 2001
• Real Property Law

Paparone v. Logue

LANDLORD’S LIABILITY—Where there is no evidence that a defective portion of leased premises is in the exclusive control of the landlord, the doctrine of res ipsa loquitur is inapplicable.

• Opinion Date: August 28, 2001
• Real Property Law

Antonetti v. Curtiss-Wright Flight Systems/Shelby, Inc.

LANDLORD’S LIABILITY—Where a property is leased for the exclusive use of a tenant and no pertinent maintenance responsibilities have been reserved to the landlord, the landlord does not owe a duty of care to an employee of its tenant.

• Opinion Date: February 14, 2001
• Real Property Law

Lever v. Thomas

JUDGMENTS—Even though a judgment debtor no longer owns a particular parcel, the debtor has standing to have a judgment lien removed of record more than one year after the debtor’s discharge in bankruptcy.

• Opinion Date: April 26, 2001
• Real Property Law

Fairlawn Industries, Ltd. v. Gerling America Insurance Company

INSURANCE; DEFINITIONS; LAND—Breaks that occur in pipes lying under a river bed are considered to have occurred “on land.”

• Opinion Date: July 10, 2001
• Real Property Law

Novack v. Upper Greenwood Lake Property Owners Association, Inc.

HOMEOWNERS ASSOCIATIONS; EASEMENTS—Easement holders within a homeowners association who pay assessments to a quasi-related recreational entity are entitled to have those funds segregated from the entity’s other funds and are entitled to vote on how those particular funds are used.

• Opinion Date: July 19, 2001
• Real Property Law

Mulligan v. Panther Valley Property Owners Association

HOMEOWNERS ASSOCIATIONS—Amendment of a common interest owner’s association’s by-laws by its members is subject to a test of reasonableness.

• Opinion Date: February 16, 2001
• Real Property Law

In re ADPP Enterprises, Inc.

HIGHWAYS; ACCESS—A neighboring property owner along a common highway can’t require the Department of Transportation to hold a revocation hearing with respect to its neighbor’s access rights.

• Opinion Date: October 2, 2001
• Real Property Law

State v. One House

FORFEITURE; DRUGS—Where only a small portion of a property is used for illegal purposes, it can be appropriate to effectuate only a partial, proportionate governmental forfeiture.

• Opinion Date: December 31, 2001
• Real Property Law