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STOOP v. KURTZ

121 A.D.2d 529 (1986)

Jonathan Stoop et al., Appellants, v. Arthur F. J. Kurtz, Respondent

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

June 16, 1986

Judgment reversed, in the interest of justice, without costs or disbursements, and new trial granted.

This action arose out of an incident in which the defendant's dog ran into the infant plaintiff, fracturing his leg. The action was based on theories of ordinary negligence and strict liability for injuries caused by an animal known to have vicious propensities. The plaintiffs requested that the jury be charged on both theories...

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