Gilhooly v. Zeta Psi Fraternity

In Gilhooly v. Zeta Psi Fraternity, 243 N.J.Super. 201, 207-08, 578 A.2d 1264 (Law Div.1990), the court held that a fraternity house was liable for its sidewalk under Stewart because it was used not only as a residence for forty-two college students, but also as a social club for members, including members and alumni who did not reside therein. The Law Division judge, citing Brown v. St. Venantius School, concluded that "where property is partially commercial and partially non-commercial the former will take precedence in the application of the rule in Stewart v. 104 Wallace Street, Inc." Id., at 205, 578 A.2d 1264.