FRAGIACOMO v. PARRILLA


12 A.D.3d 483 (2004)

784 N.Y.S.2d 646

MARGARET FRAGIACOMO et al., Respondents, v. JOSEPH PARRILLA et al., Appellants.

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

November 15, 2004.


Ordered that the order is reversed insofar as appealed from, on the law, with one bill of costs, the separate motions are granted, and the complaint is dismissed.

The plaintiff Margaret Fragiacomo alleged that she was injured when a cat owned by the defendant Michael Russo ran in front her and acted aggressively toward her, causing her to fall. To recover in strict liability in tort for the injury, it was necessary to prove that the cat had vicious propensities and...

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