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COSTANZA v. SCARLATA

2019-01618. Index No. 607905/16.

188 A.D.3d 1145 (2020)

132 N.Y.S.3d 844

2020 NY Slip Op 07030

Gianna Costanza, Appellant, v. Joseph Scarlata et al., Respondents.

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

Decided November 25, 2020.

Ordered that the order is affirmed, with costs.

On January 2, 2015, the plaintiff was bitten on her face by the defendants' dog. The plaintiff, by her mother, commenced this personal injury action against the defendants, alleging, inter alia, that they harbored a dog with vicious propensities. The defendants moved for summary judgment dismissing the complaint, arguing that they had no knowledge that the dog had vicious propensities. The plaintiff cross-moved for summary...

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