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FERNANDEZ v. MARKS

No. 8002.

642 P.2d 542 (1982)

Sylvester C. FERNANDEZ, Plaintiff-Appellant, v. Elizabeth L. MARKS, Defendant-Appellee, and AH BUNG WONG, John Does 2-5; Mary Roes 1-5; Doe Partnerships 1-5 and Roe Corporations 1-5, Defendants, and Elizabeth L. Marks, Defendant and Third-Party Plaintiff, v. CITY AND COUNTY OF HONOLULU, a municipal corporation, Third-Party Defendant. and Geraldine K. HAILI, Plaintiff-Appellant, v. Elizabeth L. MARKS, Defendant-Appellee, and AH BUNG WONG; John Does 2-5; Mary Roes 1-5; Doe Partnerships 1-5 and Doe Corporations 1-5, Defendants, and Elizabeth L. Marks, Defendant and Third-Party Plaintiff, v. CITY AND COUNTY OF HONOLULU, a municipal corporation, Third-Party Defendant.

Intermediate Court of Appeals of Hawaii.

March 23, 1982.

Attorney(s) appearing for the Case

H. William Goebert, Jr., Honolulu (Hoddick, Reinwald, O'Connor & Marrack, Honolulu, of counsel), for plaintiff-appellant.

William J. Wynhoff, Honolulu (Jeffrey S. Portnoy and Kristin Brandsma, Honolulu, on the brief, Cades Schutte Fleming & Wright, Honolulu, of counsel), for defendant-appellee.

Before HAYASHI, C.J., and PADGETT and BURNS, JJ.

PADGETT, Judge.

This was an action against a landlord for injuries sustained when a tenant's dogs attacked the plaintiffs off the landlord's premises. The court below granted summary judgment for the landlord. We affirm.

The record in the instant case reveals the following: While standing in the ocean, the appellants were attacked and bitten by dogs owned by one Ah Bung Wong. Wong was listed as an occupant of premises consisting of .07 acres situated on the...

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