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BRIGLIA v. MONDRIAN MORTG. CORP.

304 N.J. Super. 77 (1997)

TIMOTHY J. BRIGLIA AND DEBORAH BRIGLIA, PLAINTIFFS-APPELLANTS, v. MONDRIAN MORTGAGE CORPORATION AND DANIEL R. SPENCER, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided August 11, 1997.

Attorney(s) appearing for the Case

William Gold argued the cause for appellants (Brown & Gold, attorneys).

Robert John Aste argued the cause for respondent Mondrian Mortgage Corporation (Morgan, Melhuish, Monaghan, Arvidson, Abrutyn & Lisowski, attorneys; Elliott Abrutyn, of counsel, Mr. Aste on the brief).

Gary J. Intoccia argued the cause for respondent Daniel R. Spencer (Granstrand & Caiati, attorneys).

Before Judges LONG, A.A. RODRIGUEZ and CUFF.

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

In this appeal, we hold that a mortgagee in possession of vacant residential property is not a commercial landowner for purposes of imposing sidewalk liability. To the extent that Colarte v. Federal Nat'l Mortgage Assn., 298 N.J.Super. 525, 689 A.2d 869 (Law Div. 1996), holds to the contrary it is overruled. We therefore affirm the summary judgment entered...

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