Legal Opinion
Plennert v. Abel
Appellate Division of the Supreme Court of the State of New York
Decided February 16, 2000PublishedCited by 12 opinions
1Opinion of the Court
—Order unanimously reversed on the law without costs, motion granted and complaint against defendants Melvin Abel and Theresa Abel dismissed. Memorandum: Supreme Court erred in denying the motion of Melvin Abel and Theresa Abel (defendants) for summary judgment dismissing the complaint against them. The infant plaintiff, two-year-old Steven Matthew Plennert, was bitten by defendants’ dog. The dog barked at times when people traversed defendants’ driveway, but had no history of biting or behaving in a threatening manner toward anyone. On the day of the incident, Steven was “talking” to the dog…
2Cases cited4 opinions
- Lynch v. NacewiczAppellate Division of the Supreme Court of the State of New York · 1987
- Smith v. FarnerAppellate Division of the Supreme Court of the State of New York · 1996
- Wilson v. WhitemanAppellate Division of the Supreme Court of the State of New York · 1997
- Perry v. MikolajczykAppellate Division of the Supreme Court of the State of New York · 1999
3Cited by12 opinions
- Shaw v. BurgessAppellate Division of the Supreme Court of the State of New York · 2003
- Marquardt v. MilewskiAppellate Division of the Supreme Court of the State of New York · 2001
- Petrone v. FernandezAppellate Division of the Supreme Court of the State of New York · 2008
- Elmore v. WukovitsAppellate Division of the Supreme Court of the State of New York · 2001
- Provorse v. CurtisAppellate Division of the Supreme Court of the State of New York · 2001
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