WEIGLEIN v. STRASSER


18 Misc.2d 381 (1959)

Albert Weiglein, Respondent, v. Rosa Strasser, Appellant.

Supreme Court, Appellate Term, Second Department.

May 26, 1959.


Attorney(s) appearing for the Case

Samuel Schub and Milton Pfeffer for appellant.

Sebastian Randazzo for respondent.

Concur — PETTE, HART and BROWN, JJ.


Per Curiam.

The judgment should be unanimously reversed upon the law and the facts, with costs to the defendant, and complaint dismissed, with appropriate costs in the court below.

Plaintiff was a social guest and a mere licensee. There was no proof of actionable negligence on the part of the defendant. (See Wilder v. Ayers, 2 A.D.2d 354, 357; Gross v. Lewis, 5 N.Y.2d 884...

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