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CELLA v. INTERSTATE PROPERTIES

232 N.J. Super. 232 (1989)

556 A.2d 1262

JOSEPH CELLA, PLAINTIFF-APPELLANT, v. INTERSTATE PROPERTIES, JOHN SMITH (A FICTITIOUS NAME FOR AGENT, SERVANT AND/OR TENANT), JAMES SMITH (A FICTITIOUS NAME FOR MAINTENANCE COMPANY), JOHN ROES (A FICTITIOUS NAME AS AGENT, LESSEE, CONTROLLER AND/OR MAINTAINER, JOHN DOE (A FICTITIOUS NAME AS INSTALLER, RETAILER), INDIVIDUALLY, JOINTLY, SEVERALLY AND/OR IN THE ALTERNATIVE, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided April 13, 1989.

Attorney(s) appearing for the Case

Laurence P. Bafundo argued the cause for appellant (Friedman, Bafundo, Ginsberg & Porter, attorneys; Laurence P. Bafundo, on the letter brief).

John Varjabedian argued the cause for respondents (John Varjabedian, on the letter brief).

Before Judges ANTELL, DREIER and CONLEY (temporarily assigned).

The opinion of the court was delivered by DREIER, J.A.D.

Plaintiff appeals from a summary judgment granted in the Law Division dismissing his negligence complaint against Interstate Properties, the owner and operator of a shopping center located in Washington Township. At the time of his accident, plaintiff was a police sergeant on patrol. After calling on his radio for a backup, plaintiff exited his vehicle to investigate a suspicious car located in the shopping...

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