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  5. 76 N.Y.2d 1009 (1990)
 

YOUNG v. WYMAN

76 N.Y.2d 1009 (1990)

Michael Young, Individually and as Parent and Natural Guardian of Jeffrey M. Young, an Infant, Plaintiff, v. Heather M. Wyman et al., Appellants, and Nicholas Bellini, Respondent. (And Another Related Action.)

Court of Appeals of the State of New York.

Decided December 27, 1990.

Attorney(s) appearing for the Case

Betsy R. Ruslander for appellants.

Michael J. Longstreet and William C. Foster for respondent.

Concur: Chief Judge WACHTLER and Judges ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA. Judge KAYE dissents and votes to reverse in an opinion in which Judge SIMONS concurs.

Order affirmed, with costs. We agree with so much of the memorandum at the Appellate Division (159 A.D.2d 792) as held that the mere presence of an unrestrained dog on the street does not give rise to a presumption of negligence on the part of its owner.

KAYE, J. (dissenting).

In this case, a car braked to avoid hitting a dog that had run into the street, and the car hit a child on a bicycle, injuring the child...

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