PISCIOTTA v. PARISI


155 A.D.2d 422 (1989)

Eileen Pisciotta, Respondent, v. Alphonse Parisi, Appellant

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

November 6, 1989


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

We agree with the defendant's contention that the trial court erred in refusing to charge the doctrine of comparative negligence to the jury (see, CPLR 1411). Although the evidence adduced was conflicting, a reasonable view thereof establishes that the plaintiff approached and attempted to pet a chained, barking dog at a time when the son of the dog...

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