Quinlan v. Cecchini

Appellate Division of the Supreme Court of New York

Quinlan v. Cecchini

52 A.D.2d 553, 382 N.Y.S.2d 485, 1976 N.Y. App. Div. LEXIS 12112

Appellate Division of the Supreme Court of the State of New York·Decided April 20, 1976·Published·Cited by 1 cases

Opinions

Judgment, Supreme Court, Bronx County, entered on December 5, 1974, [554] dismissing the complaint in this • personal injury action at the close of the entire case, affirmed, without costs and without disbursements. It is well settled that a social guest visiting someone’s home takes the premises as the guest finds them. The only duty owed to the guest by the host is to abstain from inflicting intentional, wanton or willful injuries and to disclose the existence of any known condition in the nature of a trap or hidden danger. Concur—Stevens, P. J., Markewich, Silverman and Capozzoli, JJ.; Murphy, J., dissents in the following memorandum:

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Judgment, Supreme Court, Bronx County, entered on December 5, 1974, [554] dismissing the complaint in this • personal injury action at the close of the entire case, affirmed, without costs and without disbursements. It is well settled that a social guest visiting someone’s home takes the premises as the guest finds them. The only duty owed to the guest by the host is to abstain from inflicting intentional, wanton or willful injuries and to disclose the existence of any known condition in the nature of a trap or hidden danger. Concur—Stevens, P. J., Markewich, Silverman and Capozzoli, JJ.; Murphy, J., dissents in the following memorandum:

Quinlan v. Cecchini, 52 A.D.2d 553, 382 N.Y.S.2d 485, 1976 N.Y. App. Div. LEXIS 12112 (N.Y. Ct. App. 1976).

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