Wilder v. Ayres

• Court: New York Court of Appeals Court of Appeals
• Writing for the Court: The Appellate Division, Breitel
• Citation: Wilder v. Ayres, 163 N.Y.S.2d 966, 3 N.Y.2d 725 (N.Y. 1957)
• Decision Date: 09 May 1957
• Parties: , 143 N.E.2d 514 Alec WILDER, Appellant, v. Shirley Osborne AYRES, as Executrix of the Last Will and Testament of Lemuel Ayres, Deceased, and Shirley Ayres, individually and as co-partners doing business as Balmor Kennels, Respondents.

Page 966

163 N.Y.S.2d 966

3 N.Y.2d 725, 143 N.E.2d 514

Alec WILDER, Appellant, v. Shirley Osborne AYRES, as Executrix of the Last Will and Testament of Lemuel Ayres, Deceased, and Shirley Ayres, individually and as co-partners doing business as Balmor Kennels, Respondents.

Court of Appeals of New York.

May 9, 1957.

Appeal from Supreme Court, Appellate Division, First Department, 2 A.D.2d 354, 156 N.Y.S.2d 85.

Action was brought for injuries sustained by plaintiff when injured on premises of defendant, to which plaintiff had been invited as a social guest, on ground that status of plaintiff had changed at time of accident from that of a social guest to a business invitee because of a request by defendants, who raised dogs as an avocation, to retrieve a straying dog.

The Supreme Court, Trial Term, New York Courty, Harold A. Stevents, J., entered judgment for plaintiff for $6,201.65, and the defendants appealed.

The Appellate Division, Breitel, J., reversed the judgment, set aside the verdict, dismissed the complaint, and held that status of plaintiff was not changed from that of a social guest to a business invitee.

The plaintiff appealed to the Court of Appeals, contending that one who acts in furtherance of the material interest or business of owner of realty...