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DUFOUR v. BROWN

506931.

66 A.D.3d 1217 (2009)

888 N.Y.S.2d 219

2009 NY Slip Op 7562

THOMAS DUFOUR, Appellant, v. DAVID BROWN, Defendant, and LISA CLEVELAND, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided October 22, 2009.

McCARTHY, J.

Plaintiff and his dog were attacked by a dog owned by defendant David Brown while Brown was living with defendant Lisa Cleveland, plaintiff's next-door neighbor. Plaintiff sued defendants* and Supreme Court granted Cleveland's motion for summary judgment dismissing the complaint against her, holding that since Cleveland was not the dog's owner and the incident did not occur on her property, she had no legal responsibility...

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