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DE FORTE v. ALLSTATE INS CO

81 A.D.2d 465 (1981)

Florence De Forte, Appellant, v. Allstate Insurance Company, Respondent

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

July 9, 1981

Attorney(s) appearing for the Case

Brennan, Tesseyman, Zelman, Runfola, Brownstein & Loonsk (Edward Dinki of counsel), for appellant.

Brown, Maloney, Gallup, Roach & Busteed (John Gallup of counsel), for respondent.

DILLON, P. J., and SCHNEPP concur with CARDAMONE, J.; HANCOCK, JR., and DENMAN, JJ., dissent and vote to affirm in an opinion by HANCOCK, JR., J.

CARDAMONE, J.

Plaintiff Florence De Forte was stopped by Police Officer Mancini for speeding in November, 1972. While alighting from her automobile to speak with the officer, plaintiff's German Shepherd, "Max", which was inside the car, jumped out and bit the officer. In May, 1974 plaintiff took "Max" to the veterinarian for his annual distemper shot. Taking him in on a chain, plaintiff encountered Kathleen Madden...

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