Arnet v. Wolfson

Appeal by plaintiff from a judgment dismissing her complaint upon her counsel’s opening statement to the jury and upon the complaint itself. Judgment unanimously affirmed, with costs. It appears from the pleadings and counsel’s statement to the jury in his opening that the plaintiff was a mere licensee and that the defendant owed her no more than an abstention from an affirmative or willful act of negligence. Present — Nolan, P, J., Carswell, Adel, Sneed and Wenzel, JJ.