RIGLEY v. UTTER

504259.

2008 NY Slip Op 06009

JARRETT RIGLEY, Respondent, v. WANDA UTTER, Appellant.

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

Decided and Entered: July 3, 2008.


Attorney(s) appearing for the Case

Ross Law Offices, Middleburgh (Thomas F. Garner of counsel), for appellant.

Paul W. VanDerwerken, Las Vegas, Nevada, for respondent.

Before: Cardona, P.J., Mercure, Lahtinen, Kane and Kavanagh, JJ.


MEMORANDUM AND ORDER

KANE, J.

Defendant's unleashed dog crossed the road in front of plaintiff, who was driving his motorcycle at the time. To avoid hitting the dog or careening into the ditch at the shoulder of the road, plaintiff intentionally laid his bike down. He thereafter commenced this action to recover for serious injuries he suffered in this accident. Supreme Court (Lamont, J.) denied defendant's motion for summary judgment. After a nonjury trial...

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