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Greiner v. Beck

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 8, 2001
284 A.D.2d 966 (N.Y. App. Div. 2001)

Opinion

June 8, 2001.

(Appeal from Order of Supreme Court, Erie County, Cosgrove, J. — Summary Judgment.)

PRESENT: PIGOTT, JR., P.J., PINE, WISNER, KEHOE AND BURNS, JJ.


Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum:

Plaintiff commenced this action seeking damages for injuries sustained by her seven-year-old daughter when she was attacked by a dog owned by defendants. Supreme Court erred in denying defendants' motion for summary judgment dismissing the complaint. Defendants established their entitlement to judgment as a matter of law by submitting proof that they lacked any knowledge of the dog's alleged vicious propensities, and plaintiff failed to raise a triable question of fact on that issue ( see, Plennert v. Abel, 269 A.D.2d 796; Perry v. Mikolajczyk, 259 A.D.2d 987).


Summaries of

Greiner v. Beck

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 8, 2001
284 A.D.2d 966 (N.Y. App. Div. 2001)
Case details for

Greiner v. Beck

Case Details

Full title:PAMELA E. GREINER, INDIVIDUALLY AND AS MOTHER AND NATURAL GUARDIAN OF…

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

Date published: Jun 8, 2001

Citations

284 A.D.2d 966 (N.Y. App. Div. 2001)
726 N.Y.S.2d 317

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