Legal Opinion

Clo v. McDermott

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

Decided February 5, 1998PublishedCited by 7 opinions

1Opinion of the Court

OPINION OF THE COURT

Mercure, J.

Plaintiff commenced this action to recover for injuries he *5sustained in an August 8, 1993 accident. At the time, plaintiff was riding his bicycle along the side of County Route 1 in the Town of Westerlo, Albany County, when defendants’ cocker spaniel, "Troubles”, ran out in front of him. Plaintiff struck the dog with the front wheel of his bicycle and was thereby caused to catapult over the handlebars and to the ground. Following joinder of issue and discovery, defendants moved for summary judgment. Supreme Court granted the motion and dismissed the complaint.…

2Cases cited7 opinions

  1. Zimmer v. Chemung County Performing Arts, Inc.New York Court of Appeals · 1985
  2. Long v. Forest-FehlhaberNew York Court of Appeals · 1982
  3. Young v. WymanNew York Court of Appeals · 1990
  4. Young v. WymanAppellate Division of the Supreme Court of the State of New York · 1990
  5. Staller v. WestfallAppellate Division of the Supreme Court of the State of New York · 1996

2 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Rose v. HeatonAppellate Division of the Supreme Court of the State of New York · 2007
  2. Berg v. ChawgoAppellate Division of the Supreme Court of the State of New York · 2000
  3. Faller v. SchwartzAppellate Division of the Supreme Court of the State of New York · 2003
  4. McKee v. J&J Otsego Properties, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
  5. Ayala v. HagemannNew York Supreme Court · 2000

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API