AVALLONE v. MORTIMER


252 N.J. Super. 434 (1991)

599 A.2d 1304

DOLORES AVALLONE, PLAINTIFF-APPELLANT, v. WILLIAM MORTIMER AND MARGARET MORTIMER, HIS WIFE, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided December 26, 1991.


Attorney(s) appearing for the Case

Kenneth E. Calloway, attorney for appellant, and on the brief.

Cooper, Perskie, April, Niedelman, Wagenheim & Levenson, attorneys for respondents (William J. Kohler on the brief).

Before Judges BRODY, MUIR, Jr. and LANDAU.


The opinion of the court was delivered by LANDAU, J.A.D.

This is an appeal by Dolores Avallone from the award of summary judgment favorable to defendants William Mortimer and Margaret Mortimer, his wife (both now deceased), on Avallone's complaint to recover damages suffered by reason of a sidewalk trip and fall in front of the Wildwood Crest house owned and occupied by the Mortimers in 1987.

In granting summary judgment, the motion judge assumed for purposes...

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