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DELANEY v. CITY OF MOUNT VERNON

28 A.D.3d 416 (2006)

811 N.Y.S.2d 572

NANCY C. DELANEY et al., Appellants, v. CITY OF MOUNT VERNON et al., Respondents.

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

April 4, 2006.

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

Contrary to the Supreme Court's determination, the adoption agreement with respect to the dog that bit the plaintiff Nancy C. Delaney was not sufficient to relieve the defendants of liability for negligence because the exculpatory clause therein did not "plainly and precisely" limit the defendants' liability for their own negligent acts (Gross v. Sweet...

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