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SMITH v. REILLY

No. 240 SSM 34

17 N.Y.3d 895 (2011)

957 N.E.2d 1149

933 N.Y.S.2d 645

2011 NY Slip Op 7478

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

Court of Appeals of New York.

Decided October 25, 2011.

Attorney(s) appearing for the Case

Bond Schoeneck & King, PLLC, Syracuse ( Adam P. Mastroleo of counsel), for appellant.

Brindisi, Murad, Brindisi, Pearlman, Julian & Pertz, Utica ( Stephanie A. Palmer of counsel), for respondents.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, defendant's motion for summary judgment dismissing the complaint granted and the certified question answered in the negative.

Defendant's submissions establish that she had no knowledge of her dog's alleged propensity to interfere with traffic. Defendant testified that the dog had never before chased cars...

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