MOOREHEAD v. ALEXANDER


28 A.D.3d 361 (2006)

813 N.Y.S.2d 83

SIMEON E. MOOREHEAD et al., Respondents, v. MORDISTINE ALEXANDER, Defendant, and KHALID BEY, Appellant.

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

April 20, 2006.


Evidence that defendant permitted a guest's dog to remain on his property during a birthday party attended by young children, even after the dog, a six-month-old pit bull, began to bark constantly as children played near him and showed other signs of becoming aggressive, raises an issue of fact as to whether defendant was negligent in maintaining his property in a reasonably safe condition (see Schwartz v Armand Erpf Estate, 255 A.D.2d 35

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