Dickinson v. Uschold

Appeal from an order of the Supreme Court, Erie County (Peter J. Notaro, J.), entered May 23, 2003. The order denied defendant’s motion for summary judgment dismissing the complaint in a personal injury action.

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

Memorandum: Plaintiff commenced this personal injury action seeking damages for an injury sustained by his son Robert when defendant’s dog jumped up toward Robert. Defendant moved for summary judgment…