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GANNON v. CONTI

511904.

86 A.D.3d 704 (2011)

926 N.Y.S.2d 739

2011 NY Slip Op 5849

CORA-ANN GANNON, an Infant, by Her Father and Guardian, HERBERT GANNON, Jr., et al., Appellants, v. JOSEPH CONTI et al., Respondents.

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

Decided July 7, 2011.

SPAIN, J.

In October 2008, a dog owned by defendants allegedly left their yard in the Town of Marlborough, Ulster County by passing through an underground "invisible" electrical fence system, and bit plaintiff Cora-Ann Gannon (hereinafter the child), who was sitting on her bike on the adjacent property. Plaintiffs thereafter commenced this action, seeking damages for the child's injury based upon common-law negligence and strict liability. After issue was joined,...

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