From Casetext: Smarter Legal Research

Sposito-Chtcherbinina v. Baranovich

Appellate Division of the Supreme Court of New York, Second Department
Sep 12, 2005
21 A.D.3d 946 (N.Y. App. Div. 2005)

Opinion

2004-08207.

September 12, 2005.

In an action to recover damages for personal injuries, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Kings County (Ruchelsman, J.), dated July 23, 2004, as granted that branch of the defendants' motion which was for summary judgment dismissing the complaint.

Sanders, Sanders, Block, Woycik, Viener, Grossman, P.C., Mineola, N.Y. (Mark R. Bernstein of counsel), for appellant.

Cullen and Dykman LLP, Brooklyn, N.Y. (Kevin C. McCaffrey of counsel), for respondents.

Before: Florio, J.P., Krausman, Luciano and Spolzino, JJ., concur.


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 propensities before the alleged attack on the plaintiff ( see Parente v. Chavez, 17 AD3d 648; cf. Collier v. Zambito, 1 NY3d 444; Noreika v. Casciola, 5 AD3d 571; Slacin v. Aquafredda, 2 AD3d 624).


Summaries of

Sposito-Chtcherbinina v. Baranovich

Appellate Division of the Supreme Court of New York, Second Department
Sep 12, 2005
21 A.D.3d 946 (N.Y. App. Div. 2005)
Case details for

Sposito-Chtcherbinina v. Baranovich

Case Details

Full title:NADEJA SPOSITO-CHTCHERBININA, Appellant, v. ELIZAVETA BARANOVICH et al.…

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

Date published: Sep 12, 2005

Citations

21 A.D.3d 946 (N.Y. App. Div. 2005)
2005 N.Y. Slip Op. 6665
801 N.Y.S.2d 344