Weiglein v. Strasser

Per Curiam.

The judgment should be unanimously reversed upon the law and the facts, with costs to the defendant, and complaint dismissed, with appropriate costs in the court below.

Plaintiff was a social guest and a mere licensee. There was no proof of actionable negligence on the part of the defendant. (See Wilder v. Ayers, 2 A D 2d 354, 357; Gross v. Lewis, 5 N Y 2d 884.)

Concur — Pette, Hart and Brown, JJ.

Judgment reversed, etc.