Brink v. Davis

Appeal from an order of Supreme Court at Special Term (Conway, J.), entered November 16, 1984 in Ulster County, which, inter alia, granted defendants’ motion for summary judgment in the third-party action.

In October 1982, plaintiff Brenda Brink (hereinafter plaintiff) was bitten by defendants’ dog while lawfully upon lands which were in the possession of defendants, who are husband and wife. Defendant Nelda Davis’ mother died in September 1982 at which time her residential premises, located in the Town of Esopus, Ulster County, were insured by a homeowner’s policy issued by third-party…