On July 22, 2025, the New Jersey Superior Court, Appellate Division, in an unpublished decision, issued a ruling in favor of Scirocco Law’s commercial client, Unlimited Building Management Corp. The panel of three judges found that Scirocco’s client bore no responsibility for the Plaintiff’s injury as a matter of law.
The case was a premises liability/construction dispute involving a 100+ year-old residential condominium in Jersey City. Scirocco’s client had been hired by the condo association to paint a set of concrete steps. Approximately one month after the painting job was completed, the Plaintiff, Glenn Weidlich, slipped and fell on ice and suffered serious injuries. The Plaintiff’s claim was that the paint used by Scirocco’s client was faulty and materially contributed to the fall.
The case was venued in Hudson County for trial. After the close of discovery, Scirocco Law moved for summary judgement on behalf of Unlimited. In a written opinion issued in May 2024, Hon. Kalimah H. Ahmad, J.S.C. ruled in favor of Scirocco’s client and granted the motion for summary judgment. The Plaintiff then filed a notice of appeal and the matter was briefed before the New Jersey Superior Court, Appellate Division. On April 29, 2025, Scirocco Law partner Mark Scirocco argued the appeal on behalf of Unlimited before the panel of Judges Firko, Bishop-Thompson and Augostini.
On July 22, 2025, the Appellate Division affirmed the trial court’s ruling on summary judgement. The court held that the Plaintiff had not established that the paint used by Unlimited in any way caused or contributed to the Plaintiff’s fall. In order to make such an argument, expert testimony was required. However, the Plaintiff’s named expert was deficient in that respect. Accordingly, Plaintiff’s claim was dismissed.
Case Citation: Weidlich v. 313-319 First St. Condo. Ass’n, No. A-3053-23, 2025 N.J. Super. Unpub. LEXIS 1366 (App. Div. July 22, 2025)