REIL v. CHITTENDEN

513852.

96 A.D.3d 1273 (2012)

946 N.Y.S.2d 715

2012 NY Slip Op 5058

ARNE REIL, Respondent, v. KATHY CHITTENDEN et al., Individually and Doing Business as SUGAR BUSH FARM, Appellants.

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

June 21, 2012.


McCarthy, J.

Plaintiff opened the door to defendants' house and called out to see if anyone was there. Defendants were not in the house, but five of their dogs who were inside rushed to the door. One dog bit plaintiff on the leg. Plaintiff struck the dog that was biting him, at which time the dog bit plaintiff's finger, partially amputating the fingertip. Plaintiff commenced this action to recover for his injuries. Defendants moved for summary judgment dismissing...

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