SPOSITO-CHTCHERBININA v. BARANOVICH


21 A.D.3d 946 (2005)

801 N.Y.S.2d 344

NADEJA SPOSITO-CHTCHERBININA, Appellant, v. ELIZAVETA BARANOVICH et al., Respondents.

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

September 12, 2005.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the motion which was for summary judgment dismissing the complaint is denied, and the complaint is reinstated.

In response to the defendants' showing of their entitlement to summary judgment, the plaintiff raised a triable issue of fact as to whether or not the defendants' dog had vicious propensities and, if so, whether or not the defendants were aware of those vicious...

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