Bush v. Hayward
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtHarvey, J.
Appeal from an amended order of the Supreme Court (Smyk, J.), entered January 3, 1989 in Broome County, which granted defendant’s motion to dismiss the complaint for failure to prosecute.
This personal injury action was commenced by a summons with notice in August 1986 by plaintiff Karen Klecar (hereinafter plaintiff), individually and on behalf of her infant son, plaintiff Jesse L. Bush, to recover for injuries sustained by Bush as a result of being bitten by a dog owned by defendant. Following a demand by defendant for a complaint, plaintiff served a complaint in February 1987. Issue was…
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