Broome v. Horton

Order unanimously reversed, with costs and motion granted without prejudice to third-party plaintiffs serving an amended complaint within 20 days from the date of the order herein. Memorandum: The plaintiffs, an infant and her mother, sued the defendants, alleging that defendants were owners of a dog which they knew to be of a fierce and vicious nature, that defendants wrongfully and negligently permitted it to run unmuzzled at large and that it bit and injured the infant plaintiff. The defendants, in a third-party action, then sued the third-party defendants, alleging failure to warn the…