OPDERBECK v. BUSH

1314 CA 19-01154.

178 A.D.3d 1467 (2019)

112 N.Y.S.3d 634

2019 NY Slip Op 09224

Jeff Opderbeck, Appellant, v. Patricia Bush et al., Respondents.

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

Decided December 20, 2019.


Attorney(s) appearing for the Case

MICHAELS & SMOLAK, P.C., AUBURN ( MICHAEL G. BERSANI OF COUNSEL), FOR PLAINTIFF-APPELLANT.

BARTH SULLIVAN BEHR LLP, BUFFALO ( LAURENCE D. BEHR OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.

Present— Whalen, P.J., Peradotto, Troutman and Bannister, JJ.


It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs, the motion is denied in part, and the first cause of action is reinstated.

Memorandum: Plaintiff, a delivery employee of UPS, commenced this action seeking damages for injuries he allegedly sustained when he was bitten on the wrist by defendants' dog while delivering a package to their residence. Supreme Court granted defendants' motion for summary judgment...

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