Merwin v. McCann

Yesawich, Jr., J.

Appeal (1) from an order of the Supreme Court (Walsh, Jr., J.), entered July 17, 1986 in Montgomery County, which granted the motion of defendants Eric Duemler and Marie Duemler for summary judgment dismissing the complaint against them, and (2) from the judgment entered thereon.

Plaintiffs, Elizabeth Mae Merwin (hereinafter Merwin) and her husband, derivatively, seek to recover damages for injuries Merwin suffered when she was attacked and allegedly bitten by two German Shepherd dogs owned by defendant Donna McCann. At the time, plaintiffs and McCann were tenants, occupying…