Traub v. Liekefet

• Court: New York Court of Appeals Court of Appeals
• Citation: Traub v. Liekefet, 171 N.Y.S.2d 865, 4 N.Y.2d 747 (N.Y. 1958)
• Decision Date: 20 February 1958
• Parties: , 148 N.E.2d 912 Carolyn TRAUB et al., Plaintiffs-Appellants, v. George LIEKEFET et al., Defendants-Respondents.

Page 865

171 N.Y.S.2d 865

4 N.Y.2d 747, 148 N.E.2d 912

Carolyn TRAUB et al., Plaintiffs-Appellants, v. George LIEKEFET et al., Defendants-Respondents.

Court of Appeals of New York.

Feb. 20, 1958.

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...