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18 Misc. 2d 381

Weiglein v. Strasser

Appellate Terms of the Supreme Court of New York · decided 1959-05-26

Decided 1959-05-26

Per Curiam.

¶1The judgment should be unanimously reversed upon the law and the facts, with costs to the defendant, and complaint dismissed, with appropriate costs in the court below.

¶2Plaintiff was a social guest and a mere licensee. There was no proof of actionable negligence on the part of the defendant. (See Wilder v. Ayers, 2 A D 2d 354, 357; Gross v. Lewis, 5 N Y 2d 884.)

Concur — Pette, Hart and Brown, JJ.

¶3Judgment reversed, etc.

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