ALIA v. FIORINA


39 A.D.3d 1068 (2007)

833 N.Y.S.2d 761

DANA ALIA, Appellant, v. BRIAN FIORINA et al., Respondents.

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

Decided April 19, 2007.


Rose, J.

While plaintiff was riding his bicycle past defendants' house, defendants' dog ran into the road toward him, struck the front wheel of his bicycle and caused him to fall. Alleging both negligence and strict liability, plaintiff commenced this action to recover for his injuries. Defendants moved for summary judgment dismissing the complaint, alleging that they had no notice that their dog had any propensity to interfere with traffic. Supreme Court granted...

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