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PAMELA E. GREINER, INDIVIDUALLY AND AS MOTHER AND NATURAL GUARDIAN OF KATIE A. PANN, AN INFANT, PLAINTIFF-RESPONDENT, v. DONALD M. BECK AND MELODY BECK, DEFENDANTS-APPELLANTS.

Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum:

Plaintiff commenced this action seeking damages for injuries sustained by her seven-year-old daughter when she was attacked by a dog owned by defendants. Supreme Court erred in denying defendants' motion for summary judgment dismissing the complaint. Defendants established their entitlement to judgment as a matter of law by submitting proof that they lacked any knowledge of the dog's alleged vicious propensities, and plaintiff failed to raise a triable question of fact on that issue ( see, Plennert v. Abel, 269 A.D.2d 796; Perry v. Mikolajczyk, 259 A.D.2d 987).

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GREINER v. BECK
(Jun 8, 2001)