Tenant Responsible for Defective Sidewalk

What Happened: The case began when a shopper tripped on the gap of a sidewalk outside a grocery store leased by Pathmark. Since the owner was now bankrupt, the victim’s case hinged on a single question: Was Pathmark, as tenant, liable for the defective sidewalk? Pathmark claimed that if there was any negligence, the owner was wholly responsible. The victim won Round 1, setting the stage for the appeal. 

Decision: The New Jersey appeals court affirmed the ruling of negligence against Pathmark.

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