Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Allen v. Summit Civic Foundation

May 17, 1991

CORINE ALLEN AND ALFONSO ALLEN, HER HUSBAND, PLAINTIFFS,
v.
SUMMIT CIVIC FOUNDATION, A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANTS



Menza, J.s.c.

Menza

[250 NJSuper Page 428] Defendant, Summit Civic Foundation, moves for summary judgment on the basis that it is a charitable organization and therefore exempt from liability.

The question presented is whether a nonprofit, privately funded housing corporation is exempt from liability under the charitable immunity statute. (N.J.S.A. 2A:53A-7)

The facts are these:

Plaintiff leases an apartment from defendant for which she pays a monthly rent. She sustained injuries when she fell in her apartment and now brings suit against defendant, contending it was negligent.

In 1956, the mayor of Summit appointed a citizen's committee to solve the problem of providing adequate housing for certain Summit residents who were displaced from their homes after the city determined that they were substandard. As an out-growth of that committee, defendant, Summit Civic Foundation, was formed as a nonprofit corporation for the purpose of providing adequate housing primarily for those citizens who had been displaced by the city's actions. The building in question was constructed by the foundation. It was funded by 3%, 30-year bonds which were sold to the public and by three mortgages issued by financial institutions.

The trustees of the foundation do not receive payment for their services. The foundation neither makes nor receives charitable contributions. The only source of defendant's income is the rent it receives from its tenants.

The foundation has never received any housing grants or loans from a governmental entity. However, some of the tenants do, from time to time, receive rent subsidies from the City of Summit and other governmental agencies which are paid directly to the Summit Civic Foundation.

Defendant is exempt from the payment of federal and state income taxes.*fn1 It does pay local real estate taxes.

Defendant contends, in its brief, that it is exempt from any liability because:

Plaintiff responds that the charitable immunity statute is not applicable, because defendant, although a nonprofit corporation, is not one which is ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.