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Friday, September 4, 2015

Cuiyun Qian v. Toll Brothers, Inc. (A-95-13

Cuiyun Qian v. Toll Brothers, Inc. (A-95-13; 073982) 
The immunity of a property owner from claims for injuries on a public sidewalk addressed in Luchejko does not apply to bar a claim for personal injuries against the homeowners association and management company of the common-interest community because the sidewalk on which plaintiff fell on ice constitutes a private sidewalk, as it is part of the common area owned by the homeowners association, and the association’s by-laws and statutory obligations require the association to manage and maintain the community’s common areas.