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BATES v. CONSTABLE

4 Misc.3d 810 (2004)

781 N.Y.S.2d 861

STEVEN BATES, Plaintiff, v. ANTHONY CONSTABLE, Defendant.

Supreme Court, Seneca County.

July 27, 2004.

Attorney(s) appearing for the Case

Costello, Cooney & Fearon, PLLC (Daniel P. Fletcher of counsel), for defendant.

Michaels & Smolak, P.C. (Michael J. Bersani of counsel), for plaintiff.

OPINION OF THE COURT

DENNIS F. BENDER, J.

The plaintiff in this case alleges he was seriously injured when bitten by a Rottweiler dog given to him by his son the previous day. He further alleges that his son had previously been given the dog by the defendant, who never warned the plaintiff or the son of the dog's known vicious propensities. Pursuant to answers provided by the plaintiff to interrogatories, the defendant...

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