DiGRAZIA v. CASTRONOVA


48 A.D.2d 249 (1975)

Christopher DiGrazia, an Infant by His Parent and Natural Guardian Philip DiGrazia, et al., Appellants, v. Anthony J. Castronova et al., Respondents

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

June 6, 1975


Attorney(s) appearing for the Case

Woods, Oviatt, Gilman, Sturman & Clarke (Benjamin R. Pratt of counsel), for appellants.

Lines, Wilkens, Osborn & Beck (Thomas C. Burke of counsel), for respondents.

MARSH, P. J., and CARDAMONE, J., concur with GOLDMAN, J.; MOULE, J., dissents and votes to affirm the judgment in an opinion in which WITMER, J., concurs.


GOLDMAN, J.

In this personal injury action based on a dog bite incurred by the infant plaintiff, the jury returned a verdict of no cause for action in favor of defendants-respondents Castronova, owners of the dog. The six-year-old infant Christopher DiGrazia (Christopher) and his father, Philip DiGrazia, appeal on the grounds that their motion for a directed verdict should have been granted, that the verdict

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