Opinion
May 26, 1959
Appeal from the City Court of the City of New York, Queens County, JENKIN R. HICKERT, J.
Samuel Schub and Milton Pfeffer for appellant.
Sebastian Randazzo for respondent.
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.