CRAFT v. WHITTMARSH

510982.

83 A.D.3d 1271 (2011)

920 N.Y.S.2d 821

CRYSTAL CRAFT, Individually and as Parent and Guardian of DESTINY SCYMANSKI, an Infant, Respondent, v. ROBERT WHITTMARSH, Defendant, and THOMAS HARRIS, Appellant.

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

Decided April 14, 2011.


STEIN, J.

On January 30, 2005, plaintiff, together with her infant daughter (hereinafter the victim), the victim's infant brother and the victim's father, Bradley Scymanski II, were visiting the home of defendant Robert Whittmarsh when Whittmarsh's dog bit the victim. Defendant Thomas Harris (hereinafter defendant), who is Whittmarsh's uncle, owned the property where the incident occurred. Plaintiff commenced this negligence action to recover damages resulting from...

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