Collier v. Zambito

Appeal from that part of an order of Supreme Court, Cayuga County (Corning, J.), entered March 26, 2002, that denied defendants’ motion for summary judgment dismissing the complaint.

It is hereby ordered that the order insofar as appealed from be and the same hereby is reversed on the law without costs, the motion is granted and the complaint is dismissed.

Memorandum: Supreme Court erred in denying defendants’ motion for summary judgment dismissing the complaint. Plaintiff commenced this action seeking damages for injuries sustained by her then 12-year-old son when he was bitten by defendants’…