Legal Opinion

Smith v. Sapienza

Appellate Division of the Supreme Court of the State of New York

Decided December 30, 1985PublishedCited by 9 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, etc., plaintiffs appeal from a judgment of the Supreme Court, Westchester County (Marasco, J.), dated March 29, 1983, which was in favor of defendants, dismissing the complaint, upon a jury verdict.

Judgment reversed on the law, and new trial granted, with costs to abide the event.

This action arises out of an incident which occurred on May 4, 1977, during which the infant plaintiff, Christian Smith, who was then 3 Vi years old, was attacked and bitten by defendants’ dog. Prior to trial, a third-party action brought by defendants against…

2Cases cited6 opinions

  1. Muller v. . McKessonNew York Court of Appeals · 1878
  2. Molloy v. . StarinNew York Court of Appeals · 1908
  3. Smith v. SapienzaNew York Court of Appeals · 1981
  4. Verni v. JohnsonNew York Court of Appeals · 1946
  5. Galvin v. CosicoAppellate Division of the Supreme Court of the State of New York · 1982

1 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Colarusso v. DunneAppellate Division of the Supreme Court of the State of New York · 2001
  2. Sorel v. IacobucciAppellate Division of the Supreme Court of the State of New York · 1995
  3. M.F. v. DelaneyAppellate Division of the Supreme Court of the State of New York · 2007
  4. Austin v. BascaranAppellate Division of the Supreme Court of the State of New York · 1992
  5. Pisciotta v. ParisiAppellate Division of the Supreme Court of the State of New York · 1989

4 more not listed; retrieve them via the Exa API.

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