SMITH v. REILLY

CA 10-02274.

83 A.D.3d 1492 (2011)

921 N.Y.S.2d 423

JOHN F. SMITH et al., Respondents, v. MARIJANE REILLY, Appellant.

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

Decided April 29, 2011.


It is hereby ordered that the order so appealed from is affirmed with costs.

Memorandum: Plaintiffs commenced this action seeking damages for injuries sustained by John F. Smith (plaintiff) when a dog owned by defendant ran into the road and collided with plaintiff's bicycle, causing plaintiff to be propelled over the handlebars. Supreme Court properly denied defendant's motion seeking summary judgment dismissing the complaint. "[T]he owner of a domestic animal who...

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