Briglia v. Mondrian Mortgage Corp.

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 against plaintiffs Timothy and Deborah Briglia which dismissed their complaint against Mondrian Mortgage Corporation (Mondrian) and Daniel R. Spencer (Spencer).

The parties…