2011-10-25 John F. SMITH and Lisa Smith, Respondents, v. Marijane REILLY, Appellant. Bond Schoeneck & King, PLLC, Syracuse (Adam P. Mastroleo of counsel), for appellant. Brindisi, Murad, Brindisi, Pearlman, Julian & Pertz, Utica (Stephanie A. Palmer of counsel), for respondents. Chief Judge LIPPMAN and Judges CIPARICK Bond Schoeneck & King, PLLC, Syracuse (Adam P. Mastroleo of counsel), for appellant. Brindisi, Murad, Brindisi, Pearlman, Julian & Pertz, Utica (Stephanie A. Palmer of counsel), for
Argued November 16, 1990 Decided December 27, 1990 Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, Jan H. Plumadore, J. Betsy R. Ruslander for appellants. Michael J. Longstreet and William C. Foster for respondent. Order affirmed, with costs. We agree with so much of the memorandum at the Appellate Division ( 159 A.D.2d 792) as held that the mere presence of an unrestrained dog on the street does not give rise to a presumption of negligence on the part of
April 29, 2011. Appeal from an order of the Supreme Court, Onondaga County (John C. Cherundolo, A.J.), entered July 6, 2010 in a personal injury action. The order denied the motion of defendant for summary judgment dismissing the complaint. Present — Scudder, P.J., Smith, Peradotto, Lindley and Green, JJ. It is hereby ordered that the order so appealed from is affirmed with costs. Memorandum: Plaintiffs commenced this action seeking damages for injuries sustained by John F. Smith (plaintiff) when