Golding v. Mauss

CourtNew York Court of Appeals Court of Appeals
Writing for the CourtThe Civil Court of the City of New York, County of New York, Maxwell Shapiro
CitationGolding v. Mauss, 313 N.Y.S.2d 399, 27 N.Y.2d 580, 261 N.E.2d 399 (N.Y. 1970)
Decision Date28 May 1970
Parties, 261 N.E.2d 399 Carol GOLDING, Appellant, v. Renee MAUSS et al., Respondents.

Appeal from Supreme Court, Appellate Division, First Department, 33 A.D.2d 64, 305 N.Y.S.2d 1.

Social guest brought action to recover for injuries sustained as result of fall on floor of defendants' home.

The Civil Court of the City of New York, County of New York, Maxwell Shapiro, J., entered a judgment in favor of the guest and homeowners appealed.

The Appellate Term affirmed and an appeal was taken by permission of the Appellate Division.

The Appellate Division held that the guest as a licensee on premises had failed to establish liability on part of homeowners for fall on waxed floor and reversed determination of the Appellate Term and judgment of Civil Court and dismissed the complaint.

Appeal was by permission of the Appellate Division.

Order reversed, without costs, for the reasons stated in the dissenting opinion at the Appellate Division, and the case remitted to the Appel...

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3 cases
  • Sideman v. Guttman
    • United States
    • New York Supreme Court — Appellate Division
    • March 27, 1972
    ...(Krause v. Alper, 4 N.Y.2d 518, 176 N.Y.S.2d 349, 151 N.E.2d 895; Golding v. Mauss, 33 A.D.2d 64, 305 N.Y.S.2d 1, revd. 27 N.Y.2d 580, 313 N.Y.S.2d 399, 261 N.E.2d 399; Levine v. Barfus, 28 A.D.2d 896, 282 N.Y.S.2d 23; Dragon v. Adams, 18 A.D.2d 1120, 288 N.Y.S.2d 1010; Schlaks v. Schlaks,1......
  • ITT Avis, Inc. v. Tuttle
    • United States
    • New York Court of Appeals Court of Appeals
    • May 28, 1970
  • Galler v. Prudential Ins. Co. of America
    • United States
    • New York Court of Appeals Court of Appeals
    • July 3, 1984
    ...on the part of the owner (see Madrid v. City of New York, 42 N.Y.2d 1039, 399 N.Y.S.2d 205, 369 N.E.2d 761; and Golding v. Mauss, 27 N.Y.2d 580, 313 N.Y.S.2d 399, 261 N.E.2d 399, which revd on dissent at Appellate Division, notwithstanding the citation of Silva by the majority in that court......