Constable v. Dayton

In a negligence action, defendants appeal from an order of the Supreme Court, Orange County, entered August 26,1977, which denied their motion for summary judgment. Order reversed, on the law, without costs or disbursements, and motion granted. On the present record, there is no evidence to indicate that defendants’ dog was the cause of injuries to the infant plaintiff. Accordingly, no triable issue of fact is presented. Gulotta, J. P., Shapiro, Cohalan and O’Connor, JJ., concur.