COON v. HOLMES


253 A.D.2d 731 (1998)

677 N.Y.S.2d 800

Peggy Coon et al., Respondents, v. Barbara Holmes et al., Appellants, et al., Defendant

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

September 14, 1998


Ordered that the order is affirmed insofar as appealed from, with costs.

The infant plaintiff was injured when the appellants' dog bit her in the face. The deposition testimony of the parties indicated that there was at least one prior incident when the dog either nipped or scratched another child, and there was a "Beware of Dog" sign on the property. The testimony also indicated that the dog was regularly kept in a cage during the day, had previously chased a telephone...

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