BALLARD v. CAMPBELL


304 A.D.2d 780 (2003)

757 N.Y.S.2d 803

HENRY R. BALLARD et al., Respondents, v. JAMES CAMPBELL et al., Appellants.

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

Decided April 28, 2003.


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The defendants established their entitlement to judgment as a matter of law dismissing the complaint, which sought to recover in common-law negligence for dog bites. In opposition, the plaintiffs failed to come forward with evidence sufficient to raise a triable issue of fact as to whether the defendants failed to use reasonable care in keeping the dog...

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