SMEDLEY v. ELLINWOOD


21 A.D.3d 676 (2005)

799 N.Y.S.2d 682

VICTORIA SMEDLEY, as Mother and Guardian of JESSICA SMEDLEY-McCLAY, an Infant, Appellant, v. DARREL ELLINWOOD, Respondent, et al., Defendant.

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

August 11, 2005.


Cardona, P.J.

In December 2002, plaintiff's daughter suffered personal injuries when she was bitten by a pit bull owned by defendant Norleen Lamberty. Defendant Darrel Ellinwood is the owner and landlord of the premises where Lamberty resided at the time. Following the incident, plaintiff commenced this action alleging, inter alia, that Lamberty and Ellinwood had either actual or constructive notice of the dog's vicious propensities. Ellinwood successfully moved for...

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