McLANE v. JONES


21 A.D.3d 1376 (2005)

801 N.Y.S.2d 644

SANDY McLANE, as Parent and Natural Guardian of JOHN PAUL McLANE, III, Respondent, v. WENDY JONES, Appellant.

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

September 30, 2005.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Plaintiff commenced this action seeking damages for injuries sustained by her son when he was bitten by defendant's dog. Supreme Court properly denied defendant's motion for summary judgment dismissing the complaint. Defendant met her initial burden on the motion by establishing that she did not have actual or constructive notice of...

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