Ordered that the order is reversed, on the law, with costs, the motion is granted and the complaint and cross claim as against the defendant Kerr are dismissed.
Both the complaint and the bill of particulars alleged that on January 31, 1986, the plaintiff Mary Nidzyn was injured when a dog named Jake jumped on her and knocked her down. The accident occurred on the plaintiffs' property which was located across the street from the appellant's residence. The theory of...
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