FONTECCHIO v. ESPOSITO


108 A.D.2d 780 (1985)

Jo Ann Fontecchio et al., Respondents, v. Lena Esposito, Appellant, et al., Defendant

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

February 11, 1985


Judgment reversed, on the law and the facts, and new trial granted, limited to the issue of damages only, with costs to abide the event. The findings of fact as to liability are affirmed.

The proof established that defendant Esposito was taking care of her father's dog while her father was on vacation at the time the incident occurred. Plaintiffs, defendant Esposito, and the owner of the dog all lived in close proximity to one another. There was testimony that the...

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