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Rodrigues v. Norte

Appellate Division of the Supreme Court of New York, Second Department
May 29, 2007
40 A.D.3d 1068 (N.Y. App. Div. 2007)

Opinion

No. 2006-01751.

May 29, 2007.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Doyle, J.), dated January 3, 2006, which granted the defendants' motion for summary judgment dismissing the complaint and denied their cross motion for summary judgment on the issue of liability.

Charles Jacobson, Woodbury, N.Y., for appellants.

Loccisano Larkin (Robin, Harris, King, Yuhas, Fodera Richman, New York, N.Y. [Deborah F. Peters and Kelly M. Holthusen] of counsel), for respondents.

Before: Mastro, J.P., Santucci, Krausman and Carni, JJ., concur.


Ordered that the order is affirmed, with costs.

The defendants established their prima facie entitlement to judgment as a matter of law by establishing that they neither knew nor should have known that their dog had any propensity to bump into people ( see Cameron v Harari, 19 AD3d 631; Althoff v Lefebvre, 240 AD2d 604; cf. Anderson v Carduner, 279 AD2d 369). In opposition, the plaintiffs failed to raise a triable issue of fact ( see Zelman v Cosentino, 22 AD3d 486; Althoff v Lefebvre, supra).


Summaries of

Rodrigues v. Norte

Appellate Division of the Supreme Court of New York, Second Department
May 29, 2007
40 A.D.3d 1068 (N.Y. App. Div. 2007)
Case details for

Rodrigues v. Norte

Case Details

Full title:LUIS RODRIGUES et al., Appellants, v. CARLOS NORTE et al., Respondents

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

Date published: May 29, 2007

Citations

40 A.D.3d 1068 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 4619
834 N.Y.S.2d 879

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