MARSHALL v. DARMODY-LATHAM


11 A.D.3d 992 (2004)

783 N.Y.S.2d 738

RANDY MARSHALL, Appellant, v. JULIE DARMODY-LATHAM, Respondent and Third-Party Plaintiff. CINDY RALL et al., Third-Party Defendants-Respondents.

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

October 1, 2004.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Supreme Court properly granted defendant's motion for summary judgment dismissing the complaint. Plaintiff commenced this action seeking damages for injuries he sustained when he was bitten by defendant's dog, an American bulldog named Apollo. The dog had been rescued from an abusive environment by the Central New York Society for...

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