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MATTER OF WETZIG v. DEP'T OF HEALTH

282 A.D. 938 (1953)

In the Matter of Helen Wetzig, Appellant, v. Department of Health of the City of New York et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

November 24, 1953.

Order reversed and the proceeding remitted to the respondents for a hearing.

Upon this record it does not appear that the dog had bitten "a person or various persons on three (3) separate occasions" as provided in subdivision 3 of section 10 of the Sanitary Code.

COHN, J. P. (dissenting).

Subdivision 3 of section 10 of the Sanitary Code of the City of New York provides that any dog which has bitten persons on three separate occasions where...

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