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IOVENO v. SCHWARTZ

2015-05609, Index No. 499/13.

139 A.D.3d 1012 (2016)

32 N.Y.S.3d 297

2016 NY Slip Op 04023

KEVIN IOVENO, an Infant, by His Father and Natural Guardina, JOSEPH IOVENO, et al., Appellants, v. JASON SCHWARTZ et al., Respondents.

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

Decided May 25, 2016.

Ordered that the order is affirmed, with costs.

On July 28, 2012, the infant plaintiff, then 10 years old, allegedly was bitten in the upper lip by the defendants' dog at the defendants' house in Suffolk County. The infant plaintiff was a friend of the defendants' son, and had been a guest at the defendants' home on approximately 10 occasions, including several overnight stays, in 2012 prior to the subject incident. The plaintiffs allege that the infant plaintiff...

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