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O'BRIEN v. BOLTON

185 Misc.2d 814 (2000)

714 N.Y.S.2d 413

ELIZABETH O'BRIEN et al., Appellants, v. AGNES BOLTON, Respondent, et al., Defendant.

Supreme Court, Appellate Term, Second Department.

July 18, 2000.

Attorney(s) appearing for the Case

Donna H. Clancey, Brooklyn (George R. Zarou and Helen Zarouhliotis of counsel), for appellants.

Marshall, Conway & Wright, P. C., New York City (Joseph J. Andriola of counsel), for respondent.

KASSOFF, P. J., and CHETTA, J., concur; PATTERSON, J., dissents in a separate memorandum.

OPINION OF THE COURT

MEMORANDUM.

Order modified by denying defendant Agnes Bolton's motion for summary judgment and remanding the matter to the court below for all further proceedings and, as so modified, affirmed without costs.

The plaintiffs, husband and wife, brought this action to recover for injuries allegedly sustained when a dog harbored by defendant Agnes Bolton jumped up on a table and caused...

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