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GIVENS v. AMSCO AUTO PARTS INC.

11 A.D.3d 327 (2004)

782 N.Y.S.2d 736

ROBERT GIVENS, Respondent, v. AMSCO AUTO PARTS INC., Appellant.

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

October 19, 2004.

Plaintiff seeks damages for injuries sustained from a fall after being growled at and chased by a guard dog at defendant's commercial premises. As a landowner, defendant owed a duty to plaintiff to maintain its property in a reasonably safe condition, but it failed to make that prima facie showing. Even where a hazardous condition—such as the pile of auto parts that plaintiff fell over—is open and obvious, relieving...

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