4 Cited authorities

  1. 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.”
  2. 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.).
  3. Hastings v. Sauve

    2013 N.Y. Slip Op. 3120 (N.Y. 2013)   Cited 9 times
    In Hastings v. Sauve, 21 N.Y.3d 122, 967 N.Y.S.2d 658, 989 N.E.2d 940 (2013), plaintiff Hastings was driving on a rural road in Franklin County when she struck a cow, which had strayed from a pasture, owned by defendant Sauve, immediately adjacent to the road.
  4. Doerr v. Goldsmith

    110 A.D.3d 453 (N.Y. App. Div. 2013)   Cited 7 times

    2013-10-3 Wolfgang DOERR, Plaintiff–Respondent, v. Daniel GOLDSMITH, Defendant, Julie Smith, Defendant–Appellant. Mischel & Horn, P.C., New York (Scott T. Horn of counsel), for appellant. Gregory W. Bagen, Brewster, for respondent. MAZZARELLI Mischel & Horn, P.C., New York (Scott T. Horn of counsel), for appellant. Gregory W. Bagen, Brewster, for respondent. MAZZARELLI, J.P., ANDRIAS, DeGRASSE, RICHTER, CLARK, JJ. Order, Supreme Court, New York County (Manuel J. Mendez, J.), entered September 8,