Petrella v. O'Connor — 65 N.Y. 849

Majority

p. 849

Frank M. Petrella, Appellant, v Robert J. O’Connor et al., Respondents.

Decided July 5, 1985

p. 850

APPEARANCES OF COUNSEL

Peter M. Kooshoian for appellant.

Anthony M. Nosek for respondents.

OPINION OF THE COURT

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs. Inasmuch as plaintiff failed to allege a propensity of the cat from which injury naturally flowed or such an unreasonable risk of danger that a duty to warn was owed, no triable issue was raised.

Concur: Chief Judge Wachtler and Judges Jasen, Meyer, Simons, Kaye, Alexander and Titone.