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KIRKUP v. KIRKUP

279 A.D. 803 (1952)

Priscilla Kirkup et al., Respondents, v. Thomas Kirkup et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 21, 1952.

Judgment in favor of plaintiffs reversed on the law and new trial granted, with costs to abide the event.

The proof was insufficient to warrant the jury in finding that plaintiff Priscilla Kirkup was other than a social visitor and as such a licensee. (Roth v. Prudential Life Ins. Co., 266 App. Div. 872; Sheingold v. Behrens, 275 App. Div. 686.) This plaintiff testified that she entered the home only at the instance

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