CLO v. McDERMOTT


239 A.D.2d 4 (1998)

668 N.Y.S.2d 743

John N. Clo, Appellant, v. Dennis McDermott et al., Respondents

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

February 5, 1998


Attorney(s) appearing for the Case

Caputo, Aulisi & Skoda, Gloversville (Richard T. Aulisi of counsel), for appellant.

Horigan, Horigan, Pennock & Lombardo, Amsterdam (Joseph D. Giannetti of counsel), for respondents.

MIKOLL, J. P., CREW III, YESAWICH JR. and PETERS, JJ., concur.


MERCURE, J.

Plaintiff commenced this action to recover for injuries he sustained in an August 8, 1993 accident. At the time, plaintiff was riding his bicycle along the side of County Route 1 in the Town of Westerlo, Albany County, when defendants' cocker spaniel, "Troubles", ran out in front of him. Plaintiff struck the dog with the front wheel of his bicycle and was thereby caused to catapult over the handlebars...

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