Plotz v. Greene

• Court: New York Court of Appeals Court of Appeals
• Writing for the Court: The Supreme Court, Kings County, Milton M. Wecht; The Appellate Division reversed the judgment on the law, dismissed the complaint, and held that the first member came within the tort rules applicable to a social guest or licensee and not within the
• Citation: Plotz v. Greene, 224 N.Y.S.2d 675, 10 N.Y.2d 991, 180 N.E.2d 257 (N.Y. 1961)
• Decision Date: 07 December 1961
• Parties: , 180 N.E.2d 257 Helen PLOTZ et al., Appellants, v. Anna P. GREENE et al., Respondents.

Page 675

224 N.Y.S.2d 675

10 N.Y.2d 991, 180 N.E.2d 257

Helen PLOTZ et al., Appellants, v. Anna P. GREENE et al., Respondents.

Court of Appeals of New York.

Dec. 7, 1961.

Appeal from Supreme Court, Appellate Division, Second Department, 13 A.D.2d 807, 215 N.Y.S.2d 813.

The first member of an association of former students of a college, who was injured in a fall when a rug skidded on the waxed floor of the home of the second member, where a regular meeting of the association was being held, and the first member's husband brought an action against the second member and her husband for the first member's injuries, medical expenses, and loss of services.

The Supreme Court, Kings County, Milton M. Wecht, J., rendered a judgment for the first member and her husband, and the second member and her husband appealed.

The Appellate Division reversed the judgment on the law, dismissed the complaint, and held that the first member came within the tort rules applicable to a social guest or licensee and not within the rules applicable to a business visitor or invitee, and that the second member and her husband were not liable. Christ, J., dissented.

The first member and her husband appealed to the Court of Appeals, contending that even if the first member was a social guest, sh...