SILBER v. SEIDLER


19 Misc.2d 516 (1959)

Richard Silber, an Infant, by George Silber, His General Guardian, Appellant, v. William Seidler, Doing Business as Bill's Garage, Respondent.

Supreme Court, Appellate Term, Second Department.

June 24, 1959.


Attorney(s) appearing for the Case

Kurzman & Frank (Isidore Minkin of counsel), for appellant.

John J. Stewart and Jerome Scharoff for respondent.

HART and BROWN, JJ., concur.


NICHOLAS M. PETTE, J.

Plaintiff brought this action to recover damages for personal injuries sustained when he was bitten by a police dog owned and harbored by defendant on an open lot which defendant used for the storage of second-hand and wrecked cars. The incident occurred in the daytime, while plaintiff was on the premises of the defendant for business purposes.

There was uncontradicted proof that on three different occasions the animal involved...

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