DeVAUL v. CARVIGO INC.


138 A.D.2d 669 (1988)

Lance DeVaul et al., Appellants, v. Carvigo Inc., Doing Business as Sunrise Texaco Service Center, Respondent

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

March 28, 1988


Ordered that the judgment is affirmed, with costs.

The plaintiffs seek to recover a money judgment against the defendant based upon allegations that the defendant harbored a German shepherd dog of known ferocity, and that this dog bit the plaintiff Lance DeVaul on July 31, 1984, causing emotional as well as physical injuries. In order to succeed, the plaintiffs were obliged to prove among other things, that the defendant's dog did in fact possess vicious propensities...

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