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O'Brien v. Bolton

185 Misc. 2d 814, 714 N.Y.S.2d 413, 2000 N.Y. Misc. LEXIS 407
CourtAppellate Terms of the Supreme Court of New York
DecidedJuly 18, 2000
StatusPublished

This text of 185 Misc. 2d 814 (O'Brien v. Bolton) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
O'Brien v. Bolton, 185 Misc. 2d 814, 714 N.Y.S.2d 413, 2000 N.Y. Misc. LEXIS 407 (N.Y. Ct. App. 2000).

Opinions

OPINION OF THE COURT

Memorandum.

Order modified by denying defendant Agnes Bolton’s motion for summary judgment and remanding the matter to the court [815]*815below for all further proceedings and, as so modified, affirmed without costs.

The plaintiffs, husband and wife, brought this action to recover for injuries allegedly sustained when a dog harbored by defendant Agnes Bolton jumped up on a table and caused a lamp to fall upon plaintiff Elizabeth O’Brien. The plaintiffs adduced evidence, which, if credited, established that the dog had previously jumped on a person present at the time and had otherwise behaved erratically before the injury. This was sufficient to raise a factual issue as to whether the injury was foreseeable, thereby requiring defendant to take measures to prevent its occurrence (see, Stoop v Kurtz, 121 AD2d 529; see also, Lagoda v Dorr, 28 AD2d 208; cf., Kennet v Sossnitz, 260 App Div 759, affd 286 NY 623).

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Related

Kennet v. Sossnitz
36 N.E.2d 459 (New York Court of Appeals, 1941)
Muller v. . McKesson
73 N.Y. 195 (New York Court of Appeals, 1878)
Kennet v. Sossnitz
260 A.D. 759 (Appellate Division of the Supreme Court of New York, 1940)
Lagoda v. Dorr
28 A.D.2d 208 (Appellate Division of the Supreme Court of New York, 1967)
Savage v. Delacruz
100 A.D.2d 707 (Appellate Division of the Supreme Court of New York, 1984)
Stoop v. Kurtz
121 A.D.2d 529 (Appellate Division of the Supreme Court of New York, 1986)

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Bluebook (online)
185 Misc. 2d 814, 714 N.Y.S.2d 413, 2000 N.Y. Misc. LEXIS 407, Counsel Stack Legal Research, https://law.counselstack.com/opinion/obrien-v-bolton-nyappterm-2000.