Legal Opinion

Klendshoj v. Prawak

Appellate Division of the Supreme Court of the State of New York

Decided June 8, 2001Published

1Opinion of the Court

—Judgment unanimously affirmed without costs. Memorandum: In this action commenced to recover damages for injuries sustained by *971plaintiff as a result of a dog bite, plaintiff appeals from a judgment finding defendants liable for harboring the dog but finding plaintiff 75% comparatively negligent. After reductions for her failure to mitigate her damages and her comparative negligence, plaintiff was awarded $26,000 plus costs.

Contrary to plaintiff’s contention, it was not reversible error for this case to be reassigned for trial from the IAS Justice to a “visiting” Justice (see, 22 NYCRR 202.3…

2Cases cited4 opinions

  1. McEwen v. Akron Fire Co.Appellate Division of the Supreme Court of the State of New York · 1998
  2. Texido v. MargarucciAppellate Division of the Supreme Court of the State of New York · 1996
  3. Smith v. Monro Muffler Brake, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
  4. Vacca v. ValerinoAppellate Division of the Supreme Court of the State of New York · 1990

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