ANDLAUER v. CALDARELL


34 A.D.2d 725 (1970)

Dorothy Andlauer, Respondent, v. Vincent F. Caldarell et al., Appellants

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

April 2, 1970


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

Memorandum:

If plaintiff were not an invitee but only a licensee, no duty to her was violated in connection with her fall on defendants' premises, since at most under the proof the defendants could properly be charged with only ordinary negligence. The question of whether plaintiff was an invitee or a mere licensee was a proper issue for determination...

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