NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited . R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3284-18T2 JANET FREED, Plaintiff-Appellant, v. LINDA BASTRY and FRANK BASTRY, Defendants-Respondents. __________________________ Submitted April 27, 2020 – Decided June 29, 2020 Before Judges Messano and Vernoia. On appeal from the Superior Court of New Jersey, Law Division, Monmouth County, Docket No. L-0813-17. Blume Forte Fried Zerres & Molinari, attorneys for appellant (John E. Molinari, on the briefs). Law Offices of Viscomi & Lyons, attorneys for respondents (Patricia R. Lyons, on the brief). PER CURIAM Plaintiff Janet Freed appeals from the Law Division's order granting defendants Linda and Frank Bastry summary judgment and dismissing plaintiff's complaint alleging negligence. We review the grant of summary judgment de novo, applying the same standard used by the trial court, which mandates that summary judgment be granted[,] "if the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact challenged and that the moving party is entitled to a judgment or order as a matter of law." [Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co. of Pittsburgh, 224 N.J. 189, 199 (2016) (quoting R. 4:46-2(c)).] We must determine "whether the competent evidential materials presented, when viewed in the light most favorable to the non-moving party, are sufficient to permit a rational factfinder to resolve the alleged disputed issue in favor of the non-moving party." Davis v. Brickman Landscaping, Ltd., 219 N.J. 395, 406 (2014) (quoting Brill v. Guardian Life Ins. Co. of Am., 142 N.J. 520, 540 (1995)). We owe no deference to the trial court's legal analysis. The Palisades at Fort Lee Condo. Ass'n, Inc. v. 100 Old Palisade, LLC, 230 N.J. 427, 442 (2017) (citing Zabilowicz v. Kelsey, 200 N.J. 507, 512 (2009)). The motion record was largely undisputed, and, to the extent there are disputed facts, we accord plaintiff the benefit of all favorable evidence and A-3284-18T2 2 inferences. R. 4:46-2(c). Defendants' dog, a male golden retriever, ran into plaintiff while chasing plaintiff's dog, a female golden doodle, in the Off -Leash Dog Area of Thompson Park, a Monmouth County park in Lincroft. 1 "Guidelines for Use" of the off-leash dog area were posted near its entrance. One guideline prohibited dogs "with a history of dangerous or aggressive behavior[,]" as well as "[p]uppies under [four] months old[,]" from using the area. The same guideline stated, "Dogs over [six] months old must be spayed or neutered." On the day in question, defendants drove to the park from their home, about twenty minutes away, with their dog, who was seven-and-one-half- months old and had not been spayed or neutered. Plaintiff and defendants were ...
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