Malpezzi v. Ryan
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Crew III, J.P.
Appeal from an order of the Supreme Court (Hoye, J.), entered June 6, 2005 in Schenectady County, which denied defendant’s motion for summary judgment dismissing the complaint.
In July 2001, defendant awoke to the sound of a dog crying and discovered “Oreo” caught beneath the picnic table of his neighbor, Gerardo Masi. Defendant and Masi freed the dog and, when Oreo continued to linger on and around defendant’s property, defendant contacted the local animal control officer, Rodney Hubert. According to defendant, Hubert opined that the dog, a pit bull, probably had been “dumped”…
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