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J.E. v. INCORPORATED VIL. OF WESTBURY

2019-11668. Index No. 609675/16.

200 A.D.3d 759 (2021)

155 N.Y.S.3d 101

2021 NY Slip Op 06835

J.E. et al., Appellants, v. Incorporated Village of Westbury, Respondent, et al., Defendants.

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

Decided December 8, 2021.

Attorney(s) appearing for the Case

Frank A. Polacco & Associates, PLLC, Garden City, NY, for appellants.

Zaklukiewicz, Puzo & Morrissey LLP, Islip Terrace, NY ( William E. Morrissey, Jr. , of counsel), for respondent.

Austin, J.P., Miller, Wooten and Zayas, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with costs.

On January 27, 2016, the infant plaintiff allegedly was injured when he was bitten by two unleashed dogs. The infant plaintiff, by his father and natural guardian, and his father suing derivatively, commenced this consolidated action to recover damages for personal injuries against, among others, the Incorporated Village of Westbury. The plaintiffs alleged, inter alia, that despite notice of...

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