Berry v. Whitney

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Plaintiff commenced this action seeking damages for injuries sustained by her infant son when he was bitten by a dog being kept at the home of defendant, his paternal grandfather. Supreme Court erred in granting defendant’s motion for summary judgment dismissing the complaint. In support of the motion, defendant submitted an affidavit of the dog’s previous owner stating that, during her 10 years of ownership, she had never seen the dog bare its teeth or heard it growl,…