Anita Ayala et al. v. Joanne Iannotti et al. (2010)

ARTICULATION

The court entered judgment against Joanne Iannotti and Frank Iannotti based upon the evidence that the dog in question emerged through the front door of 908 Townsend Ave., down the front path and jumped on Mr. and Mrs. Ayala as they walked by on the public sidewalk.   Ex. 10 a Certificate of Title with respect to 908 Townsend Ave. lists Joanne Iannotti as owner of the property.   The evidence further disclosed that Frank Iannotti admitted ownership of the dog to the dog warden and police.   The dog did not testify, nor did Joanne or Frank Iannotti.   The court, however, concluded that the dog resided in the house from which he exited, and that Joanne Iannotti and Frank Iannotti were owners and/or keepers of said dog at 908 Townsend Ave. at the time of the attack on Mr. and Mrs. Ayala.   Absent any evidence to the contrary, such a conclusion is warranted.

David W. Skolnick

Judge Trial Referee

Skolnick, David W., J.T.R.