Rodenbough v. Rasul

A-1429-97T1 (N.J. Super. App. Div. 1998) (Unpublished)

Opinion Date: October 13, 1998

SIDEWALKS; LIABILITY—For the purpose of making an abutting property owner responsible for sidewalk maintenance, the leasing of a single-family house to a residential tenant does not transform the nature of use from residential to commercial.

A pedestrian slipped and fell on snow and ice on a sidewalk located in front of a single-family home that was leased to tenants who resided in the house. By the terms of the lease, the resident-tenants agreed to clear the sidewalk of snow and ice. The lower court dismissed the case. The sole question for appeal was: “[whether] the leasing of a single-family [residential] property transforms the nature of the use from residential to commercial?” The Appellate Division affirmed the lower court’s holding that such property is not so transformed.

Case Law Summaries

Rodenbough v. Rasul