COLARUSSO v. DUNNE


286 A.D.2d 37 (2001)

732 N.Y.S.2d 424

JOSEPH D. COLARUSSO, Respondent-Appellant, v. MICHAEL P. DUNNE et al., Appellants-Respondents.

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

November 5, 2001.


Attorney(s) appearing for the Case

McCabe & Mack, L. L. P., Poughkeepsie (Matthew V. Mirabile and Gerianne Hannibal of counsel), for appellants-respondents.

Lieberman & Lebovit & Brofman, Yorktown Heights (Mitchell Lieberman of counsel), for respondent-appellant.

RITTER, J. P., S. MILLER, McGINITY and TOWNES, JJ., concur.


OPINION OF THE COURT

RITTER, J. P.

When a three-year-old child bear hugs a pet labrador retriever owned by his day care provider and the dog bites the child as the provider calls out to the child to leave the dog alone, can there be a recovery by the child in an action alleging negligence even though there is no evidence that the dog previously exhibited vicious propensities? We hold that this issue cannot be summarily determined and that questions of fact...

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