GOMEZ v. SUPERIOR FLEET MAINT. INC.


172 A.D.2d 1082 (1991)

Jose M. Gomez, Respondent, v. Superior Fleet Maintenance Inc., Defendant, and Patrick D. Vitlo, Appellant

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

April 26, 1991


Order unanimously reversed on the law with costs, motion granted and amended complaint dismissed as against defendant Vitlo.

Memorandum:

Plaintiff's verified amended complaint alleged that he was bitten by a Doberman Pinscher on July 25, 1988 and that the dog was owned and harbored by defendant Superior Fleet Maintenance and/or defendant Vitlo, its corporate secretary. Defendant Vitlo's affidavit supporting his motion for summary judgment asserted that Superior...

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