PETRELLA v. O'CONNOR


107 A.D.2d 1082 (1985)

Frank M. Petrella, Appellant, v. Robert J. O'Connor et al., Respondents

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

January 29, 1985


Order and judgment affirmed, without costs.

Schnepp, J. (dissenting).

Defendant admitted at his deposition that the cat's "particular resting spot" was on the stairs leading up to the rear door of his house and that the cat had a habit of rushing into the house when the door was opened, yet he failed to warn plaintiff of the animal's behavior. This testimony establishes that triable questions of fact were raised as to whether the cat's behavior...

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