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STANTON v. TAMI AMI REALTY CO., INC.

309 N.Y. 953 (1956)

Patrick E. Stanton, an Infant, by Beatrice Stanton, His Guardian ad Litem, et al., Respondents, v. Tami Ami Realty Company, Inc., et al., Appellants.

Court of Appeals of the State of New York.

Decided January 12, 1956

Attorney(s) appearing for the Case

Frank J. Horan and Thomas H. Bivin for appellants.

Hyman R. Friedman, George W. Loomer and Samuel Justin Jackman for respondents.

CONWAY, Ch. J., DESMOND, FULD, FROESSEL, VAN VOORHIS and BURKE, JJ., concur; DYE, J., taking no part.

Per Curiam.

On the record before us, there is no doubt that plaintiff was a trespasser as matter of law, rather than a licensee, insofar as the operation of the elevator was concerned. (See Carbone v. Mackchil Realty Corp., 296 N.Y. 154; Sanders v. Favorable Realty Corp., 290 N.Y. 591; Zaia v. Lalex Realty Corp., 287 N.Y. 689; Mendelowitz v. Neisner, 258 N.Y. 181.) And it is equally plain...

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