VIKKI-LYNN A. v. ZEWIN

554 CA 20-00940.

198 A.D.3d 1342 (2021)

155 N.Y.S.3d 663

2021 NY Slip Op 05412

Vikki-Lynn A., as Parent and Natural Guardian of Kaeden J.M., Appellant, v. Jeffrey M. Zewin, Respondent, et al., Defendants.

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

Decided October 8, 2021.


Attorney(s) appearing for the Case

GIBSON, McASKILL & CROSBY, LLP, BUFFALO ( MICHAEL J. WILLETT OF COUNSEL), FOR PLAINTIFF-APPELLANT.

RUPP BAASE PFALZGRAF CUNNINGHAM LLC, BUFFALO ( CORY J. WEBER OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Present—Centra, J.P., Peradotto, Curran, Winslow and DeJoseph, JJ.


It is hereby ordered that the order so appealed from is unanimously modified on the law by denying the motion in part and reinstating the complaint against defendant Jeffrey M. Zewin insofar as it asserts a cause of action for strict liability, and as modified the order is affirmed without costs.

Memorandum: Plaintiff commenced this action seeking damages for injuries sustained by her infant child when he was attacked by two Rottweilers harbored by tenants living...

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