ELARDI v. MORALES

2018-10713. Index No. 500/13.

192 A.D.3d 1074 (2021)

141 N.Y.S.3d 716

2021 NY Slip Op 01961

James Elardi, Respondent, v. Sergio Morales, Defendant, and Carl Weber, Jr., Appellant.

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

Decided March 31, 2021.


Attorney(s) appearing for the Case

Scott Lockwood , Deer Park, NY, for appellant.

David Horowitz, P.C., New York, NY ( Christopher S. Joslin of counsel), for respondent.

Hinds-Radix, J.P., LaSalle, Barros and Connolly, JJ., concur.


Ordered that the order is reversed, on the law, with costs, and the motion of the defendant Carl Weber, Jr., for summary judgment dismissing the complaint insofar as asserted against him is granted.

On July 9, 2012, the plaintiff allegedly sustained injuries when he was bitten by two dogs that escaped from within a fenced yard of premises located in Wyandanch. The plaintiff commenced this action against the owner of the dogs, the defendant Sergio Morales, and the...

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