AKLEY v. CLEMONS


237 A.D.2d 780 (1997)

655 N.Y.S.2d 149

Mary E. Akley et al., Respondents-Appellants, v. Lisa A. Clemons et al., Respondents, and Town of Potsdam, Appellant

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

March 13, 1997


Cardona, P. J.

On August 12, 1993, plaintiff Mary E. Akley (hereinafter Akley) was driving in a westerly direction along Judson Street Road in the Town of Potsdam, St. Lawrence County, when she came over the crest of a hill and struck a small dog which had wandered into the road. Plaintiff stopped and exited her vehicle to render assistance to the dog which was lying in the center of the road. The dog, which had not been tethered or leashed, was owned...

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