RUSSO v. SCHIEBER


11 Misc.2d 842 (1958)

Anthony Russo et al., Plaintiffs, v. Albert Schieber et al., Defendants.

Supreme Court, Trial Term, Kings County.

June 19, 1958.


Attorney(s) appearing for the Case

Benedict Brucia and Morron L. Panken for plaintiffs.

Frederick Mellor and Richard Hartig for defendants.


BENJAMIN BRENNER, J.

A young dog, 3 feet long and 15 inches high, leaped or fell from a second-floor window and, after coming upon a partially opened awning, struck the plaintiff on the head and shoulders when she was passing by on the sidewalk some 16 feet below.

The credible evidence adduced on trial is that the defendants, operating a theatre, had acquired the dog about six days prior to the event...

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