MERCADO v. OVALLE

10816, 17873/99.

110 A.D.3d 539 (2013)

973 N.Y.S.2d 171

2013 NY Slip Op 6810

RADAMES MERCADO, Appellant, v. RAFAEL OVALLE et al., Respondents.

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

Decided October 22, 2013.


Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered July 17, 2012, which granted defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendants, a grocery store and its owner, established entitlement to judgment as a matter of law. Defendants demonstrated that they did not own or harbor the two pit bulls that attacked plaintiff and did not own or control the adjacent lot on which the dogs were kept (...

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