Gomez v. Superior Fleet Maintenance Inc.

Order unanimously reversed on the law with costs, motion granted and amended complaint dismissed as against defendant Vitlo. Memorandum: Plaintiff’s verified amended complaint alleged that he was bitten by a Doberman Pinscher on July 25, 1988 and that the dog was owned and harbored by defendant Superior Fleet Maintenance and/or defendant Vitlo, its corporate secretary. Defendant Vitlo’s affidavit supporting his motion for summary judgment asserted that Superior Fleet Maintenance owned and harbored the dog at a service station and that defendant Vitlo was not at the service station at the time…