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SCOYNI v. CHABOWSKI

2009-07033

72 A.D.3d 792 (2010)

898 N.Y.S.2d 482

ASHLEY SCOYNI et al., Respondents, v. JOANNA CHABOWSKI et al., Appellants.

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

Decided April 13, 2010.

Ordered that the order is affirmed, with costs.

The infant plaintiff allegedly sustained personal injuries when she was bitten by a dog owned by the defendants, Joanna Chabowski and Tom Chabowski. The defendants moved pursuant to CPLR 3211(a)(7) to dismiss the complaint, alleging that there was no evidence that they had prior actual or constructive knowledge of the vicious propensity of the dog.

On a motion to dismiss...

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