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MTR. OF LaBORIE v. HABES

52 Misc.2d 768 (1967)

In the Matter of Marie La Borie, Petitioner, v. Richard Habes, Jr., Respondent.

Justices' Court, Town of Webster.

January 28, 1967

Attorney(s) appearing for the Case

John C. Little, District Attorney (Henry Dutcher, Sr., of counsel), for petitioner. Homer Marks for respondent.

C. BENN FORSYTH, J.

This case, arising under section 116 of the Agriculture and Markets Law, raises squarely the issue of whether a dog that threatens a human but does not bite is a dangerous dog.

The section states that any complaint which alleges "an attack upon a person, or of such an attack, chasing or worrying of a domestic animal" shall state sufficient allegations to authorize a court inquiry...

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