DE MILIO v. DE MILIO


24 A.D.2d 447 (1965)

Eleanor A. De Milio et al., Respondents, v. Anthony P. De Milio, Sr., et al., Appellants

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

June 1, 1965


Judgment reversed on the law and the facts and a new trial granted, with costs to abide the event.

At the time of the accident, the female plaintiff was a social guest in defendants' home. With her infant child in her arms, she was descending the stairway leading to the basement where dinner was to be served by her hosts, the defendants. Of course, as a social visitor she took the premises as she found them, and defendants were obliged only: (1) to disclose dangerous...

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