Balla v. Jones

—Appeal from an order of Supreme Court, Erie

County (Martoche, J.), entered March 18, 2002, which, inter alia, denied defendant Marion Stecker’s cross motion seeking a protective order.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is denied and the cross motion is granted.

Memorandum: Plaintiff commenced this action seeking damages for injuries sustained by his two-year-old son when he was bitten by a dog owned by defendant Darlene Jones on December 7, 1999 while visiting her at her home. Plaintiff…