Smith v. Young

In Smith v. Young, 300 N.J.Super. 82, 692 A.2d 76 (App.Div.1997), the plaintiff fell on a sidewalk abutting a property that was co-owned by two parties. Id. at 84, 692 A.2d 76. One co-owner resided in one apartment and the other co-owner rented a second residential apartment unit to a tenant. Ibid. The Court concluded that there was no liability under Stewart v. 104 Wallace Street, Inc because one owner resided in the premises. Id. 99-100, 692 A.2d 76.