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Thursday, June 21, 2012

FATMA MOHAMED VS. IGLESIA EVANGELICA OASIS DE SALVACION A-6019-10T4


FATMA MOHAMED VS. IGLESIA EVANGELICA OASIS DE
SALVACION
 A-6019-10T4

In this case, plaintiff sued defendant church after she
slipped and fell on the sidewalk abutting defendant's property. 
The trial court granted defendant's motion for summary judgment,
finding that defendant was not a commercial landowner that was
required to maintain the sidewalk abutting its property under
Stewart v. 104 Wallace Street, Inc., 87 N.J. 146 (1981) and its
progeny.  We hold that the trial court should have granted
plaintiff the opportunity to complete discovery before
considering defendant's summary judgment motion.  We therefore
reverse and remand for further proceedings in conformity with
our opinion. 03-21-12