WITTENBERG v. GABRIELLINI


158 A.D.2d 302 (1990)

Sophie Wittenberg, an Infant, by Her Mother and Natural Guardian, Patricia C. Wittenberg, et al., Respondents, v. John Gabriellini, Defendant, and Rebecca Youner, Appellant

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

February 6, 1990


This negligence action is based on an injury sustained in an attack by a dog owned by defendant Gabriellini and held on a leash by defendant Youner. The record discloses issues of fact sufficient to defeat defendant Youner's motion for summary judgment. In an examination before trial, defendant Gabriellini testified that he had warned defendant Youner numerous times that the dog was very difficult to control and that the dog had a tendency to provoke encounters with other...

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