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ALTMANN v. EMIGRANT SAV. BANK

249 A.D.2d 67 (1998)

670 N.Y.S.2d 859

Nicole Altmann, Respondent, v. Emigrant Savings Bank, Appellant

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

April 9, 1998

The motion court erred in denying defendant's motion for summary judgment. Plaintiff did not sufficiently demonstrate the existence of a triable issue of fact (Zuckerman v City of New York, 49 N.Y.2d 557, 562; Friends of Animals v Associated Fur Mfrs., 46 N.Y.2d 1065). Specifically, plaintiff's evidence did not establish that defendant bank had prior knowledge that the dog that attacked...

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