BOHM v. NYSTRUM CONSTR.


208 A.D.2d 668 (1994)

617 N.Y.S.2d 520

William Bohm et al., Appellants, v. Nystrum Construction et al., Respondents

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

October 17, 1994


Ordered that the judgment is affirmed, with one bill of costs.

In order to establish a prima facie case and to defeat the defendants' motions for summary judgment, the plaintiffs were required to present proof that the dog that bit the victim had a vicious propensity and that the dog's owners had knowledge of the dog's propensity or that a reasonably prudent person would have discovered it (see, Timpanaro v Topping...

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