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ARBEGAST v. BD. OF EDUC.

65 N.Y.2d 161 (1985)

Christy J. Arbegast, Appellant, v. Board of Education of South New Berlin Central School, Defendant, and Buckeye Donkey Ball Company, Respondent.

Court of Appeals of the State of New York.

Decided June 6, 1985.

Attorney(s) appearing for the Case

David S. Merzig for appellant.

Brian R. Wright for respondent.

Chief Judge WACHTLER and Judges JASEN, SIMONS, KAYE and ALEXANDER concur; Judge TITONE taking no part.

MEYER, J.

The system of comparative causation established by CPLR article 14-A encompasses both the strict liability of an owner of a domestic animal to a person injured as a result of the animal's vicious propensity and the assumption of risk implied from the injured person's use of or contact with the animal with actual or constructive notice of such propensity. It does not, however, cover the express assumption...

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