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PLATNICK v. FELDMAN

285 A.D. 1086 (1955)

Samuel Platnick, Appellant, v. Philip Z. Feldman et al., Doing Business under the Name of Hudson Hempstead Motors, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 25, 1955.

Judgment dismissing the complaint unanimously affirmed, with costs.

Plaintiff was a licensee. (Vaughan v. Transit Development Co., 222 N.Y. 79, 82.) To a licensee the owner of the premises owes no duty to exercise care that the premises are safe, for the licensee in entering by permission takes the risk of their condition. (Barrett v. Brooklyn Heights R. R. Co., 188 App. Div. 109, 111, affd. 231 N.Y. 605.) Nor were defendants under a duty to warn plaintiff...

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