SEIDEN v. A. SILMAC GLASS CORP.


251 A.D.2d 141 (1998)

674 N.Y.S.2d 316

Jerome R. Seiden et al., Appellants, v. A. Silmac Glass Corp. et al., Respondents

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

June 16, 1998


Plaintiff's fall and injuries were precipitated by his own actions, rather than those of defendants' dog. While the dog had aggressive propensities, plaintiff, although aware of those propensities, nevertheless attempted to approach the dog armed with a "two-by-four" even though the dog could have been easily avoided. We note, moreover, that defendants plainly discharged whatever duty they had to protect plaintiff from the dog since, at the time of the subject incident, the...

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