AYALA v. HAGEMANN


186 Misc.2d 122 (2000)

714 N.Y.S.2d 633

PETER AYALA et al., Plaintiffs, v. JOHN HAGEMANN et al., Defendants and Third-Party Plaintiffs. ROBERT C. WING, Third-Party Defendant.

Supreme Court, Richmond County.

August 21, 2000.


Attorney(s) appearing for the Case

Purcell & Ingrao, P. C., Mineola, for defendants and third-party plaintiffs.

Chelli & Bush, Staten Island, for plaintiffs.


OPINION OF THE COURT

FRANK V. PONTERIO, J.

This seemingly unremarkable dog-attack case presents an issue of first impression: whether the long-standing principle that bars a victim's recovery absent proof of prior vicious propensities of a dog continues to apply where the situs of the attack is Federal parkland.

Defendant John Hagemann moves for summary judgment dismissing plaintiffs' complaint pursuant to CPLR 3212 on the ground that plaintiffs...

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