SARNO v. KELLY

2009-07985.

78 A.D.3d 1157 (2010)

912 N.Y.S.2d 130

ANTHONY SARNO, an Infant, by His Mother and Natural Guardian, KATHY QUINTAS, et al., Respondents, v. WILLIAM B. KELLY et al., Appellants, et al., Defendants.

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

Decided November 30, 2010.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the appellants' motion which was for summary judgment dismissing the cause of action sounding in strict liability insofar as asserted against them is granted.

On the afternoon of March 8, 2002, a bull mastiff dog named Myron, owned by Barbara J. Claus, formerly known as Barbara Gassaway (hereinafter Claus), bit the infant plaintiff (hereinafter the infant) in his...

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