Bemiss v. Acken

In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Dutchess County (Beisner, J.), dated September 28, 1998, as granted that branch of the respondent’s motion which was for summary judgment dismissing the complaint insofar as asserted against him.

Ordered that the order is affirmed insofar as appealed from, with costs.

The infant plaintiff, Ashley E. Bemiss, was bitten by a dog owned by the defendants Terry Williams and Robert Williams. The incident occurred on the first day that the…