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REISS v. KLEIN

9 A.D.2d 792 (1959)

Hermine Reiss et al., Respondents, v. Jacob Klein et al., Appellants

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

November 30, 1959

Judgment affirmed, with costs.

Under established decisions of the State of Massachusetts, a guest may recover from his host only upon proof of gross negligence. (Lefeave v. Ascher, 292 Mass. 336; Altman v. Aronson, 231 Mass. 588; Massaletti v. Fitzroy, 228 Mass. 487.) In our opinion, the facts warranted a finding of gross negligence.

Wenzel and Ughetta, JJ., dissent and vote to reverse the judgment...

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