
    Albert Weiglein, Respondent, v. Rosa Strasser, Appellant.
    Supreme Court, Appellate Term, Second Department,
    May 26, 1959.
    
      Samuel Schub and Milton Pfeffer for appellant.
    
      Sebastian Randasso for respondent.
   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.  