Traub v. Liekefet
| Decision Date | 20 February 1958 |
| Citation | 171 N.Y.S.2d 865,4 N.Y.2d 747 |
| Parties | , 148 N.E.2d 912 Carolyn TRAUB et al., Plaintiffs-Appellants, v. George LIEKEFET et al., Defendants-Respondents. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, First Department, 2 A.D.2d 22, 152 N.Y.S.2d 971.
Social guest and her husband brought action against hosts for injuries sustained by guest when rug suddenly flew out from under guest when she entered an unlighted vestibule at home of hosts and was thrown into an open space down an unprotected, unguarded, and unlighted open cellar stairs, and for medical expenses and loss of services resulting to the husband because of the guest's injuries.
From a judgment of the Supreme Court at Trial Term, McGivern, J., and a jury, entered October 11, 1955, in the Bronx County Clerk's office in favor of the guest for $3,200 and in favor of the husband for $1,800, the hosts appealed.
The Appellate Division reversed the judgment, directed judgment to be entered in favor of the hosts dismissing the complaint, and held that evidence was insufficient as a matter of law to support a verdict in favor of the guest and her husband.
The guest and her husband appealed to the Court of Appeals, contending that the Trial Term, over objection of guest and her husband, ruled as a matter of law that guest and her husband, being social guests, were only licensees and that since jury found for guest and her husband under charge relating to the law applicable to licensees, verdict in favor of the guest and her husband required conclusion that jury found that hosts were liable to guest and her husband as licensees.
O'Neill, Higgins & Latto, New York City (Thomas J. O'Neill, New York City and John V. Higgins, New York City, of counsel), for plaintiffs-appellants.
William S. O'Connor, New York City (Archie B. Morrison, New York City and Patrick D. Warren, New York City, of counsel), for defendants-respondents.
Judgment affirmed, with costs.
All concur.
To continue reading
Request your trial
-
Sideman v. Guttman
...813, affd. 10 N.Y.2d 991, 224 N.Y.S.2d 675, 180 N.E.2d 257; Traub v. Liekefet, 2 A.D.2d 22, 152 N.Y.S.2d 971, affd. 4 N.Y.2d 747, 171 N.Y.S.2d 865, 148 N.E.2d 912). The duty which the owner of premises owes to a social guest is twofold: (1) he must abstain from inflicting intentional, wanto......
-
Golding v. Mauss
...unusual slipperiness does not impose liability on a licensee (Traub v. Liekefet, 2 A.D.2d 22, 152 N.Y.S.2d 971, affd. 4 N.Y.2d 747, 171 N.Y.S.2d 865, 148 N.E.2d 912). And this is so despite the fact that the social visitor would hardly realize the Even should the facts here be held to call ......
-
Plotz v. Greene
...by any such defect (Krause v. Alper, 4 N.Y.2d 518, 176 N.Y.S.2d 349; Traub v. Liekefet, 2 A.D.2d 22, 152 N.Y.S.2d 971, affirmed 4 N.Y.2d 747, 171 N.Y.S.2d 865; see, e. g., Dotson v. Haddock, supra). BELDOCK, Acting P. J., and UGHETTA, KLEINFELD and BRENNAN, JJ., concur. CHRIST, J., dissents......
-
Krause v. Alper
...A.D.2d 354, 156 N.Y.S.2d 85, affirmed 3 N.Y.2d 725, 163 N.Y.S.2d 966; Traub v. Liekefet, 2 A.D.2d 22, 152 N.Y.S.2d 971, affirmed 4 N.Y.2d 747, 171 N.Y.S.2d 865, (see, also, Comeau v. Comeau, 285 Mass, 578, 581, 582, 189 N.E. 588, 92 A.L.R. 1002; Prosser on Torts (2d ed., 1955), § 77, pp. 44......