MALPEZZI v. RYAN


28 A.D.3d 1036 (2006)

815 N.Y.S.2d 295

LINDA MALPEZZI, Individually and as Parent and Guardian of CASEY L. MALPEZZI, an Infant, Respondent, v. DENNIS RYAN, Appellant.

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

April 27, 2006.


Crew III, J.P.

In July 2001, defendant awoke to the sound of a dog crying and discovered "Oreo" caught beneath the picnic table of his neighbor, Gerardo Masi. Defendant and Masi freed the dog and, when Oreo continued to linger on and around defendant's property, defendant contacted the local animal control officer, Rodney Hubert. According to defendant, Hubert opined that the dog, a pit bull, probably had been "dumped" because he "wasn't a fighter" and indicated that...

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