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MONACO v. HARTZ MOUNTAIN CORP.

840 A.2d 822 (2004)

178 N.J. 401

Luigi MONACO and Francesca Monaco, his wife, Plaintiffs-Appellants and Cross-Respondents, v. HARTZ MOUNTAIN CORPORATION, Defendant-Respondent, and ABC Corp., DEF Corp. and GHI Corp., (fictitious designations intended to designate unknown entities responsible for proper installation, maintenance and repair of a certain sign and/or signpost), Defendants, and City of Newark, Defendant and Cross-Appellant.

Supreme Court of New Jersey.

Decided February 9, 2004.

Attorney(s) appearing for the Case

Alan D. Bell, Montclair, argued the cause for appellants/cross-respondents.

Jack T. Spinella, New York City, argued the cause for respondent (Weiner Lesniak, attorneys; Mr. Spinella and Therese M. Brady, on the brief).

LaShawn Y. Williams, Assistant Corporation Counsel, argued the cause for cross appellant (JoAnne Y. Watson, Corporation Counsel, attorney).

Justice LONG delivered the opinion of the Court.

The primary issue in this appeal centers on the liability of a commercial landowner in a case in which a traffic sign, situated on its sidewalk, became dislodged and caused injury to the landowner's invitee. The trial court and the Appellate Division held that the commercial landowner had no "legal" duty with respect to the sign that was owned and installed by the City of Newark...

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