VICHOT v. DAY

509920.

80 A.D.3d 851 (2011)

913 N.Y.S.2d 838

CARMEN VICHOT, Respondent, v. JOHN F. DAY, Appellant.

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

Decided January 6, 2011.


ROSE, J.

Plaintiff was driving on a public highway when her vehicle collided with a horse owned by defendant. Seeking to recover damages for the injuries she sustained, plaintiff commenced this negligence action. After joinder of issue and discovery, defendant moved for summary judgment on the ground that he could not be held liable for ordinary negligence and he had no notice of the horse's propensity to escape from its stall and roam free. Supreme Court denied the...

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