Appellate Division of the Supreme Court of New York, 1943

Friend v. Brooklyn Trust Co.

Friend v. Brooklyn Trust Co.
Appellate Division of the Supreme Court of New York · Decided January 18, 1943
265 A.D. 1006; 39 N.Y.S.2d 224; 1943 N.Y. App. Div. LEXIS 6583
Friend v. Brooklyn Trust Co.

Opinion of the Court

In our opinion appellants were at most mere licensees to whom defendant owed the duty only of refraining from active, wilful or wanton negligence. (Morse v. Buffalo Tank Corp., 280 N. Y. 110; Mendelowitz v. Neisner, 258 N. Y. 181.) There is no proof that the injuries sustained by appellants were the result of any affirmative or wilful negligence on the part of defendant. It is unnecessary to determine whether a trustee under the Sehackno Act is liable for passive negligence. Present — Close, P. J., Carswell, Johnston, Adel and Taylor, JJ.

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