FRANK v. EATON


54 A.D.3d 805 (2008)

864 N.Y.S.2d 97

SIERRA FRANK, Respondent, v. WILLIAM H. EATON et al., Appellants.

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

September 16, 2008.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the cross motion is denied.

The infant plaintiff, by her mother, commenced this action seeking to hold the defendants strictly liable for injuries she sustained when the defendants' dog bit her. She alleged that the defendants knew or should have known that their dog had vicious propensities. After the defendants moved for summary judgment dismissing the complaint, the plaintiff...

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