On July 31,
KBN vigorously defended our client and obtained summary judgment on their behalf after the trial court agreed that the landlord had no legal duty pursuant to common law or statute to cover the radiator. Plaintiffs appealed and the Appellate Division reversed the trial court’s order and held that New Jersey’s Regulations for the Maintenance of Hotels and Multiple Dwellings required landlords to cover radiators. KBN filed a petition for certification requesting that the New Jersey Supreme Court review the Appellate Division’s decision. Although the vast majority of petitions for certification are denied, in October 2018, the Supreme Court accepted certification and KBN argued the case before the Supreme Court in March 2019. In their July 31, 2019 decision, the Supreme Court agreed with KBN’s arguments that the regulations did not create a duty for landlords to cover radiators and also agreed that the landlord had no common law duty to cover the radiator in question. This resulted in the dismissal of the plaintiffs’ complaint against KBN’s client in its entirety. Danielle M. Hughes, Esq. of KBN’s New Jersey office handled the matter on behalf of the firm.