LYNCH v. NACEWICZ


126 A.D.2d 708 (1987)

Robert Lynch, an Infant, by His Father and Natural Guardian, Bernard Lynch, Appellant, v. William J. Nacewicz, Respondent

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

January 26, 1987


Ordered that the judgment is reversed, on the law, and a new trial is granted on the combined issues of liability and damages, with costs to abide the event.

The infant plaintiff sustained injuries as a result of having been attacked by the defendant's dog while he was visiting with the defendant's daughters, who were his playmates. The facts in this record present a close question of liability, and, in light of several errors committed at the trial, reversal is warranted...

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