Smedley v. Ellinwood
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCardona, P.J.
Appeal from an order of the Supreme Court (Kavanagh, J.), entered August 19, 2004 in Ulster County, which granted defendant Darrel Ellinwood’s motion for summary judgment dismissing the complaint against him.
In December 2002, plaintiff’s daughter suffered personal injuries when she was bitten by a pit bull owned by defendant Norleen Lamberty. Defendant Darrel Ellinwood is the owner and landlord of the premises where Lamberty resided at the time. Following the incident, plaintiff commenced this action alleging, inter alia, that Lamberty and Ellinwood had either actual or constructive notice of…
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