TOOLAN v. HERTEL


201 A.D.2d 816 (1994)

607 N.Y.S.2d 198

Marion M. Toolan, Appellant, v. Alan C. Hertel et al., Respondents

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

February 10, 1994


In our view, defendants' motion for summary judgment was properly granted in this action seeking to recover for personal injuries sustained by plaintiff after she was attacked by a 175-pound male English Mastiff owned by defendants. In order to establish a prima facie case of strict liability in a dog bite case, the plaintiff must establish that the animal had vicious propensities and that its owner had knowledge of such propensities. Here, in support of their motion for...

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