WESTOVER v. WESTOVER


205 A.D.2d 828 (1994)

615 N.Y.S.2d 298

Margaret Westover, Appellant, v. James K. Westover, Sr., Respondent, et al., Defendant

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

June 2, 1994


The record reveals that defendant James K. Westover, Sr. had no knowledge of any dangerous propensities of defendant Barbara E. Lane nor the need to control Lane while she was at his home. In addition, and as plaintiff readily acknowledged, Lane's actions were so sudden and spontaneous that Westover did not have the opportunity to prevent her assault on plaintiff. Under the circumstances, there is no basis for liability against Westover and his motion for summary judgment...

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