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Lewinter v. Poet's Square Associates

December 3, 2009

JAN LEWINTER, PLAINTIFF-APPELLANT,
v.
POET'S SQUARE ASSOCIATES, L.L.C., DEFENDANT, AND TIMOTHY J. BUCKLEY, INDIVIDUALLY AND T/A TJ'S LAWN MAINTENANCE & LANDSCAPING, TJ'S LAWN MAINTENANCE & LANDSCAPING, DEFENDANTS-RESPONDENTS.



On appeal from the Superior Court of New Jersey, Law Division, Monmouth County, Docket No. L-2691-07.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued November 10, 2009

Before Judges Fuentes, Gilroy and Simonelli.

Plaintiff Jan LeWinter appeals from the September 12, 2008 Law Division order granting summary judgment to defendants Timothy J. Buckley and TJ's Lawn Maintenance and Landscaping (collectively referred to as Buckley). We affirm.

The facts are derived from evidence submitted by the parties in support of, and in opposition to, the summary judgment motion, viewed in a light most favorable to plaintiff. Brill v. Guardian Life Ins. Co. of Am., 142 N.J. 520, 540 (1995). Defendant Poet's Square Associates, LLC (Poet's Square) owns property known as Poet's Square Shopping Center in Freehold Township.*fn1 Poet's Square retained Buckley to provide snow plowing and other services for the 2006-07 snow plowing season. Pursuant to a contract between the parties, Buckley was to automatically perform the following services when snow accumulations reached two inches:

1. Snow plowing of all asphalt area entrances and exits[.] Snow plowing of all asphalt area entrances and exits over 6 inches[;]

2. Shoveling of walkways per time[;]

3. Sanding of asphalt[;]

4. Salting of asphalt areas[;]

5. Calcium Chloride applied to walkways[;]

6. Potassium with grit to walkways[.]

For accumulations under two inches, or if icy conditions occurred, Poet's Square had to notify Buckley to perform services. ...


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