Legal Opinion
Provorse v. Curtis
Appellate Division of the Supreme Court of the State of New York
Decided November 9, 2001PublishedCited by 6 opinions
1Opinion of the Court
—Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied the motion of defendant L. David Curtis, d/b/a Canoe Country, seeking summary judgment dismissing the complaint against him for injuries sustained by decedent when Curtis’s dog caused her to fall and fracture her hip. Even assuming, arguendo, that Curtis met his initial burden on the motion, we conclude that plaintiff raised issues of fact whether Curtis’s dog exhibited a vicious propensity and whether Curtis had knowledge of that propensity {cf., Plennert v Abel, 269 AD2d 796). In opposition to the motion,…
2Cases cited4 opinions
- Lynch v. NacewiczAppellate Division of the Supreme Court of the State of New York · 1987
- Anderson v. CardunerAppellate Division of the Supreme Court of the State of New York · 2001
- Plennert v. AbelAppellate Division of the Supreme Court of the State of New York · 2000
- Mitura v. RoyAppellate Division of the Supreme Court of the State of New York · 1991
3Cited by6 opinions
- Pollard v. United Parcel ServiceAppellate 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
- Felgemacher v. RuggAppellate Division of the Supreme Court of the State of New York · 2006
- University Towers Associates v. GibsonCivil Court of the City of New York · 2007
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