Rugg v. Blackburn
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCrew Iii, J.
Appeal from an order of the Supreme Court (Dowd, J.), entered November 6, 2000 in Chenango County, which denied defendants’ motion for summary judgment dismissing the complaint.
Plaintiff commenced this action to recover damages for personal injuries sustained when she was bitten by defendants’ dog while visiting their home. Based upon evidence that the dog previously had not shown any vicious propensity and that they had no knowledge of any such vicious propensity, defendants moved for summary judgment dismissing the complaint. Supreme Court denied the motion, concluding that there were…
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