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Geiger v. Gaspar

A-566-03T5 (N.J. Super. App. Div. 2004) (Unpublished)

SIDEWALKS—Receipt of income from a two-family home does not make the home into a commercial property for the purpose of imposing sidewalk liability.

A woman slipped and fell on an icy sidewalk and sued the owners of the property abutting the sidewalk for her injuries. The woman asserted that the owners should be subject to commercial liability for her injuries because the owners received income from their owner-occupied two family home on the property. The lower court dismissed the woman’s complaint and she appealed.

The Court noted that the law with respect to owner-occupied two-family residences is well settled and ruled that receipt of income from renting such a home does not cause the property on which the home is located to be “commercial” for the purpose of subjecting the owners to commercial liability.

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