Rose v. Heaton
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCarpinello, J.
Cross appeals from an order of the Supreme Court (Ferradino, J.), entered January 19, 2006 in Saratoga County, which partially granted defendants’ motion for summary judgment dismissing the complaint.
Plaintiffs parents and defendants are backyard neighbors. Defendants’ backyard is enclosed with a perimeter fence to permit their three dogs to run free while outside. In July 2000, plaintiff, then 12 years old, was cutting through another neighbor’s yard via this fence line when one of the dogs jumped up and bit him, causing severe injury to his ear. Following discovery in this action for…
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