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DOYLE v. DEPUTY SHERIFF'S

195 Misc.2d 358 (2003)

758 N.Y.S.2d 791

ANN M.H. DOYLE, Individually and as Parent and Natural Guardian of DANIEL DOYLE, an Infant, Plaintiff, v. MONROE COUNTY DEPUTY SHERIFF'S ASSOCIATION, INC., et al., Defendants.

Supreme Court, Monroe County.

March 25, 2003.

Attorney(s) appearing for the Case

Paul E. Richardson, Rochester (Louise A. Boillat of counsel), for Sandy Neumann, defendant.

Palmiere Law Firm, P.C., Rochester (Norman Andrew Palmiere of counsel), for plaintiff.

OPINION OF THE COURT

ROBERT J. LUNN, J.

This case asks this court to decide the following question: Whether limited circumstances exist to support a negligence claim where a person is injured by a domestic animal and there is no proof of the animal's vicious propensities.

On August 19, 2000, Daniel Doyle, the seven-year-old infant plaintiff in this action, attended a picnic at Mendon Ponds Park with his mother. The picnic was sponsored by defendant...

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