GOLDING v. MAUSS


33 A.D.2d 64 (1969)

Carol Golding, Respondent, v. Renee Mauss et al., Appellants

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

November 6, 1969.


Attorney(s) appearing for the Case

William F. McNulty of counsel (Daniel J. Coughlin, attorney), for appellants.

Isadore B. Hurwitz of counsel (Solomon Feldman, attorney), for respondent.

EAGER and McGIVERN, JJ., concur with STEUER, J.; STEVENS, P. J., dissents in opinion in which TILZER, J., concurs.


STEUER, J.

The factors which determine the liability of a homeowner to a social guest are the presence of a dangerous condition which is known to the owner and which is not of a character that is likely to be discovered (Wilder v. Ayers, 2 A.D.2d 354, 356, affd. 3 N.Y.2d 725). The elements which distinguish the duty from that owed to...

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