Judgment reversed on the law and the facts, without costs, and complaint dismissed on the law.
The record establishes that plaintiff was a pedestrian who used defendant's gasoline station as a short-cut passageway. The record does not establish that, in the conduct of its business, defendant serviced other than motorized customers. Under such circumstances plaintiff is deemed as a matter of law to be a licensee. As such, she may not complain of a mere defect in the...
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