Legal Opinion
Budway v. McKee
New York Supreme Court
Decided January 29, 2010PublishedCited by 1 opinion
1Opinion of the Court
*317OPINION OF THE COURT
Daniel R. Palmieri, J.
Defendant’s motion for summary judgment pursuant to CPLR 3212 is granted to the extent that plaintiffs common-law cause of action and his spouse’s derivative action are dismissed, and is denied to the extent that plaintiff asserts a cause of action for medical costs pursuant to Agriculture and Markets Law § 121 (10).
Plaintiff Stephen Budway alleges that on March 4, 2005, while walking his dog on Wellington Street, Mineóla, New York, he was attacked and bitten by defendant’s dog, a cocker spaniel named Casey.
Defendant’s motion is supported by…
2Cases cited28 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Sillman v. Twentieth Century-Fox Film Corp.New York Court of Appeals · 1957
- Collier v. ZambitoNew York Court of Appeals · 2004
- Bard v. JahnkeNew York Court of Appeals · 2006
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