PALUMBO v. NIKIRK


59 A.D.3d 691 (2009)

874 N.Y.S.2d 222

SABATINO PALUMBO, Appellant, v. VIRGINIA NIKIRK et al., Respondents.

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

Decided February 24, 2009.


Ordered that the order is affirmed, with costs.

The plaintiff, a mail carrier, sustained injuries when he allegedly was bitten and attacked by a dog on the front steps of the defendants' house as he attempted to deliver the mail. The plaintiff, who crossed over the defendants' lawn and driveway from the house next door, and whose view of the dog was obstructed by a bush, did not see the dog or hear it bark until he opened the lid of the mailbox and was bitten.

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