Murphy v. Kelly

The opinion of the court was delivered by

Wachenfeld, J.

We granted certification to the Appellate Division to review its reversal of an order entered, following the pretrial conference, for summary judgment in favor of the defendant. The sole issue presented is whether or not the infant plaintiff was an invitee in the light of the pleadings, the interrogatories and answers thereto, and the facts alleged in the pretrial memorandum submitted in accordance jvith R. R. 4:29-3. The Law Division held the defendant’s invitation did not extend to the infant, and, as there was no question as to any…