Sunday, April 1, 2018
J.H. AND A.R. VS. R&M TAGLIARENI, LLC, ET AL. A-0031-16T4
J.H. AND A.R. VS. R&M TAGLIARENI, LLC, ET AL.
The trial court granted summary judgment to defendants, landlord and property manager of a multi-family apartment building, on the basis that they did not owe a duty of care to plaintiff, who at the time was an infant staying in the apartment with the tenant's consent, to protect him from the apartment's excessively-hot-uncovered radiator. We conclude that, under the circumstances of this case, the radiator is part of the building's heating system that defendants have control of under common law and N.J.A.C. 5:10-14.3(d), and should have been covered, and reverse.