Gannon v. Conti
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtSpain, J.
*705In October 2008, a dog owned by defendants allegedly left their yard in the Town of Marlborough, Ulster County by passing through an underground “invisible” electrical fence system, and bit plaintiff Cora-Ann Gannon (hereinafter the child), who was sitting on her bike on the adjacent property. Plaintiffs thereafter commenced this action, seeking damages for the child’s injury based upon common-law negligence and strict liability. After issue was joined, defendants moved for summary judgment dismissing the complaint, asserting that they had no prior knowledge of their dog’s alleged vicious…
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