Your client, Leonard Dion, did not give permission and was not aware that Thomas Travoli owned a dog. Mr. Travoli has lived in the apartment for over 5 years. During his deposition, Mr. Travoli said that he has had his dog, Duke, since December 2016. Mr. Dion allows dogs in his apartment complex, but tenants must sign an addendum to the lease and pay an additional $250 security deposit. Mr. Travoli never signed this addendum, nor paid the additional security deposit. In his deposition, Mr. Travoli said he did not remember if he told Mr. Dion about Duke. Mr. Dion, in his deposition, said that he spoke to Mr. Travoli in November 2016 about Mr. Travoli's general interest in getting a dog. Mr. Dion stated that he told Mr. Travoli that he (Mr. Travoli) would need to sign a lease addendum and pay an additional security deposit if he had a dog. Mr. Dion stated that after this conversation, he never spoke to Mr. Travoli again about Mr. Travoli getting a dog. Mr. Dion does not regularly go into tenant apartments unless there is some sort of concern about safety or if something breaks. Mr. Dion said he has not been into Mr. Travoli's apartment since Mr. Travoli moved in 5 years ago. Mr. Dion stated he never saw Mr. Travoli with a dog. During his deposition, Mr. Dion was shown a picture of Duke. Mr. Dion said he never saw that dog in or around his apartment complex.

According to Mr. Travoli's deposition, Duke has never bitten anyone else and is, overall, a very gentle and loving dog. Plaintiffs have no evidence showing Duke bit anyone else either before or after he allegedly bit the minor plaintiff. During the depositions of the plaintiffs (parents and minor child), they testified that the minor child had played with Duke on several occasions outside in the snow and that the minor child accompanied Mr. Travoli on several walks with Duke throughout the complex prior to the alleged biting incident.

Based on this information, the attorney is going to draft a motion for summary judgment to dismiss the claim against Mr. Dion.  draft an affidavit in support of the motion for the attorney's signature (Thomas Brown of Brown & Holt, P.L.L.C 1098 Parker Blvd. Williamsville, N.Y. 14221). This affidavit should outline the standard for summary judgment in general and include arguments for granting summary judgment based on NY case law for Mr. Dion's case specifically. include at least 2 NY court cases to support your argument.  include a notice of motion.

 

For this part of the project Summons and compliant filed 2/1/2019; answer served 2/18/2019. The motion will be heard in front of Judge Jones on January 3, 2020 at the Erie County Supreme Court located at 25 Delaware Ave. Buffalo, N.Y. 14220.

To receive full credit for this assignment, you must include the following:

Proper caption format

Proper format for notice of motion and attorney affidavit

Include notice of motion and attorney affidavit