LEE CHAN v. MIKHALOV


279 A.D.2d 456 (2001)

719 N.Y.S.2d 585

LAU LEE CHAN et al., Appellants, v. ALEX MIKHALOV et al., Defendants, and RITA MUSHAEV, Individually and as Mother and Natural Guardian of LAURA MUSHAEV and Another, Infants, Respondent.

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

Decided January 8, 2001.


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

In opposition to the respondents' motion, in which they made a prima facie showing of their entitlement to summary judgment dismissing the complaint insofar as asserted against them, the plaintiffs failed to come forward with proof sufficient to raise an issue of fact. The plaintiffs failed to demonstrate that the dog which allegedly caused the injuries to the plaintiff Lau Lee Chan had ever...

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