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Dowell v. Bacarella

Appellate Division of the Supreme Court of New York, Second Department
Feb 4, 1991
170 A.D.2d 435 (N.Y. App. Div. 1991)

Opinion

February 4, 1991

Appeal from the Supreme Court, Queens County (Durante, J.).


Ordered that the order is affirmed, with costs.

The plaintiff police officer was allegedly bitten by the defendant's dog after responding to a radio communication that a vicious dog was loose. Pursuant to Santangelo v State of New York ( 71 N.Y.2d 393), the plaintiff cannot recover damages for injuries she sustained as a result of the defendant's alleged negligence that created the occasion for her services (see, Santangelo v State of New York, supra; see also, Dawes v Ballard, 163 A.D.2d 508; Wynne v Tullman, 151 A.D.2d 476). Contrary to the plaintiff's contentions, the record is barren of any indication that the officer's services were "sufficiently separate and apart from the negligent acts which allegedly caused [her] injuries" Starkey v Trancamp Contr. Corp., 152 A.D.2d 358, 363; see also, Guadagno v Baltimore Ohio R.R. Co., 155 A.D.2d 981). Accordingly, the complaint was properly dismissed. Bracken, J.P., Lawrence, Eiber, Harwood and Rosenblatt, JJ., concur.


Summaries of

Dowell v. Bacarella

Appellate Division of the Supreme Court of New York, Second Department
Feb 4, 1991
170 A.D.2d 435 (N.Y. App. Div. 1991)
Case details for

Dowell v. Bacarella

Case Details

Full title:JANE DOWELL, Appellant, v. ANGELO BACARELLA, Respondent

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

Date published: Feb 4, 1991

Citations

170 A.D.2d 435 (N.Y. App. Div. 1991)
565 N.Y.S.2d 227

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