Appellate Terms of the Supreme Court of New York, 1959

Weiglein v. Strasser

Appellate Terms of the Supreme Court of New York · Decided May 26, 1959 · Brown, Hart, Pette

18 Misc. 2d 381; 193 N.Y.S.2d 336; 1959 N.Y. Misc. LEXIS 3611

Counsel

Samuel Schub and Milton Pfeffer for appellant., Sebastian Randasso for respondent.

Opinion of the Court

Per Curiam.

The 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.

Plaintiff 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.

Judgment reversed, etc.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.