VITRELLA v. RODRIGUES


11 A.D.3d 287 (2004)

783 N.Y.S.2d 535

MARIA VITRELLA et al., Appellants, v. AMANDIO RODRIGUES et al., Respondents.

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

October 14, 2004.


Plaintiff Maria Vitrella claims to have been injured as she walked with her sister past defendants' house, when defendants' small dog jumped up in front of her, causing her to back away, trip and strike her head on the ground. The dog had been tethered on a 15-foot chain in a fenced-in yard, but slipped its leash and ran out when one of defendants opened the gate, just as the women were passing by.

The claim for strict liability was correctly dismissed. While the...

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