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SMITH v. CITY OF NEW YORK

1654, 18673/04

68 A.D.3d 445 (2009)

2009 NY Slip Op 8969

889 N.Y.S.2d 187

SHANNON SMITH, Individually and as Parent and Natural Guardian of MIKAILAH BARNETT and Another, Infants, Respondent, v. CITY OF NEW YORK et al., Appellants.

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

Decided December 3, 2009.

The verdict finding defendants strictly liable for the dog-bite injuries sustained by the infant plaintiffs is not supported by evidence sufficient to establish that Officer Smith knew or should have known of the dog's vicious propensities (see Petrone v Fernandez, 12 N.Y.3d 546, 550 [2009]). In the very brief time he spent with the abandoned dog, Smith observed that the dog was friendly, playful, and "rambunctious." Further, Smith...

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