Fasano v. Colon

In an action to recover damages for personal injuries, the plaintiff appeals from a resettled order of the Supreme Court, Orange County (Horowitz, J.), dated October 17, 2005, which granted the motion of the defendant Lennie Zicorella pursuant to CPLR 3211 (a) (7) to dismiss the complaint for failure to state a cause of action.

Ordered that the resettled order is reversed, on the law, without costs or disbursements, the motion is denied, and the complaint is reinstated insofar as asserted against the defendant Lennie Zicorella.

The plaintiff commenced this action against the owners of two dogs…