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Gomez v. Superior Fleet Maintenance Inc.

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 26, 1991
172 A.D.2d 1082 (N.Y. App. Div. 1991)

Summary

In Gomez, the plaintiff was bitten by a Doberman pinscher, which the corporate defendant admitted to owning and harboring at its service station (see Gomez v Superior Fleet Maintenance, 172 AD2d at 1082).

Summary of this case from Matthew H. v. Cnty. of Nassau

Opinion

April 26, 1991

Appeal from the Supreme Court, Queens County, Le Vine, J.

Present — Doerr, J.P., Boomer, Pine, Lawton and Lowery, JJ.


Order unanimously reversed on the law with costs, motion granted and amended complaint dismissed as against defendant Vitlo. Memorandum: Plaintiff's verified amended complaint alleged that he was bitten by a Doberman Pinscher on July 25, 1988 and that the dog was owned and harbored by defendant Superior Fleet Maintenance and/or defendant Vitlo, its corporate secretary. Defendant Vitlo's affidavit supporting his motion for summary judgment asserted that Superior Fleet Maintenance owned and harbored the dog at a service station and that defendant Vitlo was not at the service station at the time that plaintiff allegedly was bitten. Further, Superior Fleet Maintenance, in its verified answer, admitted to owning and harboring the dog. Plaintiff's affidavits in opposition assert only conclusions that there are questions of fact concerning whether Vitlo owned and harbored the dog. This is insufficient to raise an issue of fact requiring trial against defendant Vitlo and he is entitled to summary judgment dismissing the complaint against him (see, Nidzyn v. Stevens, 148 A.D.2d 592, 593; Zwinge v. Love, 37 A.D.2d 874; see also, Zuckerman v. City of New York, 49 N.Y.2d 557).


Summaries of

Gomez v. Superior Fleet Maintenance Inc.

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 26, 1991
172 A.D.2d 1082 (N.Y. App. Div. 1991)

In Gomez, the plaintiff was bitten by a Doberman pinscher, which the corporate defendant admitted to owning and harboring at its service station (see Gomez v Superior Fleet Maintenance, 172 AD2d at 1082).

Summary of this case from Matthew H. v. Cnty. of Nassau
Case details for

Gomez v. Superior Fleet Maintenance Inc.

Case Details

Full title:JOSE M. GOMEZ, Respondent, v. SUPERIOR FLEET MAINTENANCE INC., Defendant…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Apr 26, 1991

Citations

172 A.D.2d 1082 (N.Y. App. Div. 1991)
569 N.Y.S.2d 260

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