JEANNIE GREENSTEIN VS. FORSGATE INDUSTRIAL COMPLEX (L-3328-17, BERGEN COUNTY AND STATEWIDE)

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NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0947-19 JEANNIE GREENSTEIN and JON GREENSTEIN, her spouse, Plaintiffs-Appellants, v. FORSGATE INDUSTRIAL COMPLEX a/k/a FORSGATE INDUSTRIAL COMPLEX, LP, FORSGATE VENTURES XI, LLC, SAMSUNG SDS AMERICA, INC., and JENI LLC a/k/a JENI LLC NJ LTD, Defendants, and AMAZON.COM.DEDC, LLC, and BERGEN OUTDOORS, INC. t/a BERGEN LANDSCAPING, Defendants-Respondents. Argued May 24, 2021 – Decided July 22, 2021 Before Judges Currier, Gooden Brown and DeAlmeida. On appeal from the Superior Court of New Jersey, Law Division, Bergen County, Docket No. L-3328-17. Christopher T. Karounos argued the cause for appellant (Davis, Saperstein & Salomon, PC, attorneys; Christopher T. Karounos, of counsel and on the briefs). Gregory F. Miller (Perkins Coie, LLP) of the Washington bar, admitted pro hac vice, argued the cause for respondent Amazon.com.dedc, LLC (Sills Cummis & Gross, PC, and Gregory F. Miller, attorneys; Beth S. Rose, of counsel and on the brief; Vincent Lodato, on the brief). Brian J. Bolan argued the cause for respondent Bergen Outdoors, Inc. t/a Bergen Landscaping (Muscio, Kaplan & Helfrich, LLC, attorneys; Brian J. Bolan, on the brief). PER CURIAM Plaintiff Jeannie Greenstein 1 was injured when she slipped and fell on ice in an area of a driveway that led from the public street to a parking lot. Defendant Amazon.com.dedc, LLC (Amazon) leased the property and was responsible under the lease for snow and ice removal from the driveway and parking lot. Amazon contracted with Bergen Outdoors, Inc. t/a Bergen Landscaping (Bergen Outdoors) for snow and ice removal. 1 We refer to Jeannie as the plaintiff. Her spouse, Jon Greenstein, has a per quod claim. A-0947-19 2 The trial court granted summary judgment to both defendants on May 2, 2019. Plaintiff appeals from both orders. Because plaintiff presented issues of fact regarding Amazon's duty to remove snow and ice in the area of her fall, we reverse the order granting summary judgment to Amazon and remand for a factfinder's consideration. Because the trial court did not make findings or give any reasons in granting summary judgment to Bergen Outdoors, we reverse that order as well. Amazon leased a commercial property located at 2 Empire Boulevard in Moonachie.2 Defendant Jeni LLC a/k/a Jeni, LLC NJ LTD (Jeni) owned the premises located on the corner of Moonachie Road and Empire Boulevard. Defendant Samsung was a tenant in the Jeni building. Plaintiff worked at a company named 4over, whose offices were located at 4 Empire Boulevard. 3 Parking is prohibited on Empire Boulevard. Therefore, Amazon employees who drive to work park in the large parking lot behind the building. 2 Amazon leased the property from defendant Forsgate Industrial Complex a/k/a Forsgate Industrial Complex, LP. After Forsgate's motion for …

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