The plaintiff brought an action for injuries sustained in a slip and fall on a wet surface near a private cottage driveway.
The defendant municipality brought a motion for summary judgment, arguing it had no jurisdiction over the area.
The plaintiff opposed the motion as premature because examinations for discovery had not yet occurred.
The court dismissed the motion, finding that granting summary judgment before the plaintiff had the opportunity to explore historic ownership and maintenance through discovery would run an extreme risk of prejudice.
