For the Order -- Justices Mountain, Sullivan and Clifford and Judge Conford. Against the Order -- Chief Justice Hughes and Justices Pashman and Schreiber. Schreiber, J. (dissenting). Hughes, C.J., and Pashman, J., join in this dissent.
This matter having been duly presented to the Court, it is ordered that the petition for certification is dismissed as having been improvidently granted.
SCHREIBER, J. (dissenting). Freddie Brown instituted this action against Lins Pharmacy, Inc., a drug store, and A.J.S. Realty Company, owner of the building in which the store was located, for damages for personal injuries she suffered arising out of a fall on a sidewalk. The trial judge granted the defendants' motion for dismissal at the close of the plaintiff's case. The Appellate Division affirmed, and this Court granted certification. 67 N.J. 84 (1975).
The building in question was located at the corner of Fifteenth Avenue and Main Street in Belmar, New Jersey. The ground floor was occupied by the defendant Lins Pharmacy, Inc. and used as a drug store.
On September 7, 1971 the plaintiff, shortly after 12 noon, was walking to the defendant Pharmacy's store. She testified:
A. Well, as I entered the door, I got almost to the door and I tripped and fell.
Q. Could you tell me exactly where you were when you fell?
A. I was at a, right at the door, almost at the approach to the doorway going into the store.
Q. And how far from the door were you?
A. Right up on the door, and I tripped right there and fell.
Q. Could you tell me in terms of feet?
Q. Can you tell me in terms of distance, how far from the door?
A. I was right in the door, right up on the door, and fell right in the door.
The plaintiff was shown a photograph of part of the building including the entrance. She identified the ...