Sedeno v. Luciano

Order, Supreme Court, Bronx County (Barry Salman, J.), entered November 14, 2005, which denied defendant’s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment in favor of defendant dismissing the complaint.

At all relevant times, plaintiffs lived in the house next door to the multifamily house owned by defendant. On February 17, 2003, the infant plaintiff was playing in front of his house when he saw a man open the gate to the fence enclosing defendant’s backyard, whereupon a dog…