Ordered that the order is modified, on the law, by deleting the provision thereof granting the plaintiff's motion for summary judgment on the issue of liability, and substituting therefor a provision denying that motion; as so modified, the order is affirmed, without costs or disbursements.
On October 1, 2011, while walking on the street, the plaintiff was bitten by a black Labrador retriever owned by the defendant, a neighbor.
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