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LEARN v. CITY OF PERTH AMBOY

245 N.J. Super. 577 (1991)

586 A.2d 327

BARBARA LEARN AND ROBERT LEARN, PLAINTIFFS-APPELLANTS, v. CITY OF PERTH AMBOY, PERTH AMBOY HOSPITAL, AND MARY LARSON, DEFENDANTS-RESPONDENTS. GERTRUDE BRESLOW AND IRVING BRESLOW, DEFENDANTS-THIRD-PARTY PLAINTIFFS/APPELLANTS, v. THE SHADE TREE AND BEAUTIFICATION COMMISSION OF THE CITY OF PERTH AMBOY, THIRD-PARTY DEFENDANTS/RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided February 6, 1991.

Attorney(s) appearing for the Case

John C. Sinuk argued the cause for appellants Barbara Learn and Robert Learn (Lynch & Teitelbaum, attorneys; John C. Sinuk on the brief and reply letter briefs).

Bradley A. Kustin argued the cause for appellants Gertrude Breslow and Irving Breslow (Golden, Rothschild, Spagnola & DiFazio, attorneys; Bradley A. Kustin on the brief and reply brief).

Donald S. DeDio argued the cause for respondents City of Perth Amboy and Perth Amboy Shade Tree Advisory Committee (Dwyer, Connell & Lisbona, attorneys; William T. Connell on the brief).

Before Judges PRESSLER, DEIGHAN and BAIME.

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

This is a sidewalk fall-down case in which plaintiff Barbara Learn, whose husband Robert Learn sued per quod, sought recovery for her personal injuries from the abutting commercial landowners, defendants Gertrude and Irving Breslow1, and from defendant City of Perth Amboy. The gravamen of the complaint was that a dangerous condition of the sidewalk had resulted from its upheaval...

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