ROCKWOOD, RUSSELL J. v. LABATE, JAMES
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal from an order of the Supreme Court, Herkimer County (Michael E. Daley, J.), entered May 20, 2010 in a personal injury action. The order denied defendants’ motion for summary judgment.
It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is granted and the complaint is dismissed.
Memorandum: Plaintiff commenced this action seeking damages for injuries he sustained in a motorcycle accident when he attempted to avoid hitting defendants’ dog, which had entered the road. Supreme Court denied defendants’ motion seeking summary…
2Cases cited6 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Collier v. ZambitoNew York Court of Appeals · 2004
- Petrone v. FernandezNew York Court of Appeals · 2009
- Bernstein v. Penny Whistle Toys, Inc.New York Court of Appeals · 2008
- Bernstein v. Penny Whistle Toys, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
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3Cited by1 opinion
- TENNANT, RANDY J. v. TABOR, DAVIDAppellate Division of the Supreme Court of the State of New York · 2011