PROVORSE, SR. v. CURTIS


288 A.D.2d 832 (2001)

732 N.Y.S.2d 310

ELMER PROVORSE, SR., Individually and as Executor of NETTIE L. PROVORSE, Deceased, Respondent, v. L. DAVID CURTIS, Doing Business as CANOE COUNTRY, Appellant, et al., Defendant.

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

Decided November 9, 2001.


Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly denied the motion of defendant L. David Curtis, d/b/a Canoe Country, seeking summary judgment dismissing the complaint against him for injuries sustained by decedent when Curtis's dog caused her to fall and fracture her hip. Even assuming, arguendo, that Curtis met his initial burden on the motion, we conclude that plaintiff raised issues of fact whether Curtis's dog exhibited a vicious...

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