Earl v. Piowaty
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Mercure, J.P.
Appeal from an order of the Supreme Court (Bradley, J.), entered October 3, 2006 in Ulster County, which denied plaintiffs’ motion for partial summary judgment on the issue of defendant Susan Fiowaty’s liability.
Plaintiffs’ son was seriously injured when he was bitten in the face by a dog that belonged to defendant Susan Piowaty (hereinafter defendant). Plaintiffs’ son claimed that he was speaking gently to the dog and calmly petting it when the dog suddenly jumped up and attacked him; defendant’s sons assert *866that the incident occurred after plaintiffs’ son startled the sleeping…
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