SMITH v. SAPIENZA


115 A.D.2d 723 (1985)

William G. Smith et al., Appellants, v. Joseph F. Sapienza et al., Respondents

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

December 30, 1985


Judgment reversed on the law, and new trial granted, with costs to abide the event.

This action arises out of an incident which occurred on May 4, 1977, during which the infant plaintiff, Christian Smith, who was then 3½ years old, was attacked and bitten by defendants' dog. Prior to trial, a third-party action brought by defendants against Christian's sister, who had been with him at the time of the incident, and his father, on a theory of negligent supervision...

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