Plaintiffs sue to recover for injuries allegedly sustained by the infant plaintiff when defendant Mini's dog bit him. While the evidence is insufficient to raise a triable issue as to whether the dog possessed vicious propensities of which defendants had notice and, accordingly, plaintiff has no sustainable strict liability claim against defendants, the absence of vicious propensity evidence does not preclude plaintiffs from recovering on an ordinary negligence theory (
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ESPEJO v. REUVEN HOLDING LTD.
308 A.D.2d 373 (2003)
764 N.Y.S.2d 275
STEVEN ESPEJO, an Infant, by His Mother and Natural Guardian, OPHELIA AYALA, et al., Respondents, v. REUVEN HOLDING LTD. et al., Appellants.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
Decided September 18, 2003.
Decided September 18, 2003.
Appellate Division of the Supreme Court of the State of New York, First Department.
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