Barone v. Phillips

Appeal from an order of the Supreme Court, Chautauqua County (James H. Dillon, J.), entered October 8, 2010 in a personal injury action. The order denied the motion of defendants for summary judgment.

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

Memorandum: Plaintiffs commenced this action seeking damages for injuries sustained by Robert J. Barone (plaintiff) while attempting to run away from a dog allegedly owned and/or harbored by defendants, who were plaintiffs’ neighbors. According to…