Rogers v. Travis
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtWhite, J.
Appeal from an order of the Supreme Court (Kahn, J.), entered October 27, 1995 in Albany County, which denied defendants’ motion for summary judgment dismissing the complaint.
On August 20,1992, six-year-old plaintiff Kayla Rogers (hereinafter plaintiff) was riding her bicycle in defendants’ fenced-in yard when her bicycle tipped over and she and the bicycle fell on defendants’ dog, who had been napping on the grass. When she attempted to get up, plaintiff inadvertently struck the dog in the stomach. The dog bit her on the cheek.
Plaintiff’s mother, plaintiff Donna Rogers, thereafter commenced…
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