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GILHOOLY v. ZETA PSI FRATERNITY

243 N.J. Super. 201 (1990)

578 A.2d 1264

MARGARET GILHOOLY AND EDWARD GILHOOLY, PLAINTIFFS, v. ZETA PSI FRATERNITY, ABC CORP., AND JOHN DOE, NAME FICTITIOUS, THE TRUE IDENTITY UNKNOWN, DEFENDANTS.

Superior Court of New Jersey, Law Division Middlesex County.

Decided April 20, 1990.

Attorney(s) appearing for the Case

Ann L. Renaud, for plaintiffs (Ramp and Renaud, attorneys).

Donald J. Sears for defendants (Busch and Busch, attorneys).

LINTNER, J.S.C.

This court is asked to decide whether a college fraternity is "residential" or "commercial" for the purpose of determining tort liability in accordance with the principles set forth in Stewart v. 104 Wallace St., Inc., 87 N.J. 146, 432 A.2d 881 (1981).

Defendant Zeta Psi owns and maintains a fraternity house on the New...

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