CIPRIANO v. HANK


197 A.D.2d 295 (1994)

Danielle Cipriano, an Infant, by Her Father and Natural Guardian, Vincent Cipriano, et al., Appellants, v. Christopher Hank, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

April 26, 1994


Attorney(s) appearing for the Case

Louis Venezia, P. C., for appellant.

Philip A. Pollastrino of counsel (Barbara H. Daly and Linda Gimble, attorneys), for respondent.

SULLIVAN and CARRO, JJ., concur with TOM, J.; MURPHY, P. J., and WALLACH, J., dissent in an opinion by WALLACH, J.


TOM, J.

In the underlying personal injury action, it is alleged that Danielle Cipriano, an infant of 12 years at the time of the incident, was viciously attacked by defendant-respondent Christopher Hank's (Hank) Rottweiler canine when she accompanied her friend, defendant's daughter, into the basement of the building where defendant lived and worked as a superintendent. Plaintiffs allege that the infant sustained...

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