Legal Opinion

Phillips v. Coffee To Go., Inc.

Appellate Division of the Supreme Court of the State of New York

Decided February 1, 2000PublishedCited by 5 opinions

1Opinion of the Court

—Order, Supreme Court, New York County (Alice Schlesinger, J.), entered on or about May 11, 1999, denying defendant-appellant’s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, the motion granted and the complaint dismissed. The Clerk is directed to enter judgment in favor of defendant-appellant dismissing the complaint as against it.

Plaintiff was bitten by defendant Waxman’s dog at a location *124outside the fencing around the defendant restaurant’s outdoor seating area. In order to impose liability on the premises owner, plaintiff "must…

2Cases cited6 opinions

  1. Gill v. WelchAppellate Division of the Supreme Court of the State of New York · 1988
  2. Fontecchio v. EspositoAppellate Division of the Supreme Court of the State of New York · 1985
  3. Shen v. KornienkoAppellate Division of the Supreme Court of the State of New York · 1998
  4. MacLeod v. Pete's Tavern, Inc.New York Court of Appeals · 1996
  5. Pringle v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1999

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3Cited by5 opinions

  1. Weipert v. OldfieldAppellate Division of the Supreme Court of the State of New York · 2002
  2. Braithwaite v. Presidential Property Services, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
  3. Champ-Doran v. LewisAppellate Division of the Supreme Court of the State of New York · 2010
  4. Smith v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2009
  5. Sedeno v. LucianoAppellate Division of the Supreme Court of the State of New York · 2006

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