Appellate Division of the Supreme Court of New York, 1985

Tavolacci v. Smolev

Tavolacci v. Smolev
Appellate Division of the Supreme Court of New York · Decided October 28, 1985
114 A.D.2d 500; 494 N.Y.S.2d 999; 1985 N.Y. App. Div. LEXIS 53202
Tavolacci v. Smolev

Opinion of the Court

—In an action to recover damages for personal injuries, etc., plaintiffs appeal from an order of the Supreme Court, Westchester County (Dickinson, J.), entered May 1, 1984, which denied their motion for summary judgment.

Order affirmed, with costs.

Whether or not defendant’s dog had vicious propensities is a question of fact for the jury (see, DiGrazia v Castronova, 48 AD2d 249). Mangano, J. P., Bracken, Weinstein, Lawrence and Kooper, JJ., concur.

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