HIRSCH v. HADE


60 Misc.2d 782 (1969)

Leland Hirsch, Plaintiff, v. Hyman J. Hade, Defendant.

Civil Court of the City of New York, Queens County.

August 4, 1969


Attorney(s) appearing for the Case

Murray Alber and Marilyn P. Hoppenfeld for plaintiff. Louis J. Castellano, Jr., and Richard Hartig for defendant.


LEONARD L. FINZ, J.

In this action tried by the court without a jury, the question to be considered is whether the plaintiff, a social guest within the defendant's premises has an actionable cause.

Briefly stated, the facts are these:

The plaintiff was a social guest in defendant's one-family dwelling. While exiting from the dwelling in the company of the defendant's son, the plaintiff sustained an injury when his "toe

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