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RUSSELL v. RIVERA

4 Misc.3d 37 (2004)

780 N.Y.S.2d 699

DORSEY RUSSELL, Respondent, v. RUBEN RIVERA, Appellant.

Supreme Court, Appellate Term, First Department.

May 18, 2004.

Attorney(s) appearing for the Case

Robert P. Tusa, Yonkers (David Holmes of counsel), for appellant.

Raymond Schwartzberg & Associates, PLLC, New York City, for respondent.

SUAREZ, P.J., McCOOE and DAVIS, JJ., concur.

OPINION OF THE COURT

Per Curiam.

Order entered August 13, 2003 reversed, with $10 costs, motion granted and complaint dismissed. The clerk is directed to enter judgment accordingly.

Plaintiff sues to recover for injuries allegedly sustained when he was bitten on the finger by the defendant's dog. The incident occurred when plaintiff paused in front of the defendant's Bronx residence and placed his hand atop a three-foot-high, chain-link fence which...

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