EARL v. PIOWATY


42 A.D.3d 865 (2007)

839 N.Y.S.2d 861

THERESA EARL et al., Individually and as Parents and Guardians of JAMES EARL, an Infant, Appellants, v. SUSAN PIOWATY, Respondent, et al., Defendant.

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

Decided July 26, 2007.


Mercure, J.P.

Plaintiffs' son was seriously injured when he was bitten in the face by a dog that belonged to defendant Susan Piowaty (hereinafter defendant). Plaintiffs' son claimed that he was speaking gently to the dog and calmly petting it when the dog suddenly jumped up and attacked him; defendant's sons assert that the incident occurred after plaintiffs' son startled the sleeping dog by shouting directly in the dog...

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