FRANTZ v. McGONAGLE


242 A.D.2d 888 (1997)

662 N.Y.S.2d 336

Jay W. Frantz, an Infant, by His Mother and Natural Guardian, Vicki L. Frantz, et al., Respondents, v. Bernie McGonagle et al., Defendants, and Patrick H. Moreton, Appellant

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

September 30, 1997


Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly denied the cross motion of Patrick H. Moreton (defendant) for summary judgment dismissing the complaint against him. Plaintiff's son, an infant, was bitten by a dog, a pitbull/rottweiler or german shepherd mix, harbored by defendant's tenants. Plaintiff's son testified at his examination before trial that the dog had bitten him on a prior occasion and that defendant had observed that...

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