ROSE, JR. v. HEATON


39 A.D.3d 937 (2007)

833 N.Y.S.2d 291

RAYMOND ROSE, JR., Respondent-Appellant, v. ALAN HEATON et al., Appellants-Respondents.

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

Decided April 5, 2007.


Carpinello, J.

Plaintiff's parents and defendants are backyard neighbors. Defendants' backyard is enclosed with a perimeter fence to permit their three dogs to run free while outside. In July 2000, plaintiff, then 12 years old, was cutting through another neighbor's yard via this fence line when one of the dogs jumped up and bit him, causing severe injury to his ear. Following discovery in this action for recovery for plaintiff's injury, defendants moved for summary...

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