§Why CasetextPricing

Karen Hastings et al., Appellants,v.Laurier Sauve et al., Respondents, et al., Defendant.

Brief

19 Cited authorities

  1. Hamilton v. Beretta U.S.A. Corp.

    96 N.Y.2d 222 (N.Y. 2001)   Cited 390 times   2 Legal Analyses
    Holding that handgun manufacturers do not owe a duty of reasonable care in the marketing and distribution of their handguns to persons injured or killed through the use of illegally obtained handguns, but leaving open the question of retailers' liability

  2. Collier v. Zambito

    1 N.Y.3d 444 (N.Y. 2004)   Cited 314 times
    Affirming grant of summary judgment when there “was no evidence that the dog's behavior was ever threatening or menacing” but rather, “the dog's actions—barking and running around—[were] consistent with normal canine behavior. Barking and running around are what dogs do.”

  3. Bard v. Jahnke

    2006 N.Y. Slip Op. 3440 (N.Y. 2006)   Cited 222 times
    In Bard v. Jahnke, 6 N.Y.3d 592, 815 N.Y.S.2d 16, 848 N.E.2d 463 (2006), we expounded upon the relationship between ordinary negligence principles and the strict liability cause of action permitted by Collier and other prior decisions, concluding that strict liability's traditional status as the predominant theory of recovery for injuries caused by a domestic animal logically forecloses recovery under a theory of negligence.

  4. Petrone v. Fernandez

    2009 N.Y. Slip Op. 4694 (N.Y. 2009)   Cited 146 times
    In Petrone, the plaintiff mail carrier saw that there was no fence around the yard in front of the defendant's house, and the defendant's Rottweiler was lying unrestrained in the yard (see id. at 547–548, 883 N.Y.S.2d 164, 910 N.E.2d 993). Fearful of the dog, the plaintiff started walking away to her car, and when she turned around, she saw the dog running after her (see id.).

  5. Bernstein v. Penny

    2008 N.Y. Slip Op. 2463 (N.Y. 2008)   Cited 40 times
    In Bernstein, we held that the Appellate Division correctly disallowed the plaintiff's claim against the dog's owner and a toy store operated by the dog's owner "[s]ince there [was] no evidence... that the dog's owner had any knowledge of its vicious propensities" (Bernstein, 10 N.Y.3d at 788, 856 N.Y.S.2d 532, 886 N.E.2d 154).

  6. People v. Hill

    39 A.D.3d 1 (N.Y. App. Div. 2007)   Cited 29 times

    No. 7952-7953. January 30, 2007. APPEAL (1) from a judgment of the Supreme Court, New York County (Bruce Allen, J.), rendered May 14, 2002, as amended May 31, 2005, and (2) from an order of the same court and Justice, entered on or about May 31, 2005. The judgment convicted defendant, on his plea of guilty, of rape in the first degree and imposed sentence. The order denied defendant's motion pursuant to CPL 440.10 to vacate the judgment and modified the sentence. Robert S. Dean, Center for Appellate

  7. Alia v. Fiorina

    39 A.D.3d 1068 (N.Y. App. Div. 2007)   Cited 25 times

    No. 501564. April 19, 2007. Appeal from an order of the Supreme Court (Stein, J.), entered January 30, 2006 in Greene County, which granted defendants' motion for summary judgment dismissing the complaint. Parker Waichman, L.L.P., New York City (Arnold E. DiJoseph III, of counsel), for appellant. Eisenberg Kirsch, Liberty (Donniel Ogorek of counsel), for respondents. Before: Peters, J.P., Mugglin and Lahtinen, JJ. Rose, J. While plaintiff was riding his bicycle past defendants' house, defendants'

  8. Smith v. Reilly

    2011 N.Y. Slip Op. 7478 (N.Y. 2011)   Cited 16 times

    2011-10-25 John F. SMITH and Lisa Smith, Respondents, v. Marijane REILLY, Appellant. Bond Schoeneck & King, PLLC, Syracuse (Adam P. Mastroleo of counsel), for appellant. Brindisi, Murad, Brindisi, Pearlman, Julian & Pertz, Utica (Stephanie A. Palmer of counsel), for respondents. Chief Judge LIPPMAN and Judges CIPARICK Bond Schoeneck & King, PLLC, Syracuse (Adam P. Mastroleo of counsel), for appellant. Brindisi, Murad, Brindisi, Pearlman, Julian & Pertz, Utica (Stephanie A. Palmer of counsel), for

  9. Vichot v. Day

    80 A.D.3d 851 (N.Y. App. Div. 2011)   Cited 9 times

    No. 509920. January 6, 2011. Appeal from an order of the Supreme Court (Muller, J.), entered November 23, 2009 in Clinton County, which denied defendant's motion for summary judgment dismissing the complaint. Taylor and Associates, Albany (Sean A. Tomko of counsel), for appellant. Before: Mercure, J.P., Peters, Malone Jr. and Garry, JJ. Rose, J. Plaintiff was driving on a public highway when her vehicle collided with a horse owned by defendant. Seeking to recover damages for the injuries she sustained

  10. Raux v. City of Utica

    59 A.D.3d 984 (N.Y. App. Div. 2009)   Cited 10 times

    No. CA 08-01546. February 6, 2009. Appeal from an order of the Supreme Court, Oneida County (Anthony F Shaheen, J.), entered October 22, 2007 in a personal injury action. The order granted defendant's motion for summary judgment dismissing the complaint. GEORGE FARBER ANEY, HERKIMER, FOR PLAINTIFFS-APPELLANTS. LINDA SULLIVAN FATATA, CORPORATION COUNSEL, UTICA (ARMOND J. FESTINE OF COUNSEL), FOR DEFENDANT-RESPONDENT. Present: Scudder, P.J., Martoche, Centra, Fahey and Peradotto, JJ. It is hereby ordered