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
