Legal Opinion

Noreika v. Casciola

Appellate Division of the Supreme Court of the State of New York

Decided March 15, 2004PublishedCited by 4 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Queens County (Hart, J.), dated April 4, 2003, which denied their motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

To recover in strict liability in tort for a dog bite, the plaintiff must establish that the dog had vicious propensities and that the owner knew or should have known of the dog’s propensities (see Lugo v Angle of Green, 268 AD2d 567 [2000]; Bohm v…

2Cases cited10 opinions

  1. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  2. Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
  3. Collier v. ZambitoNew York Court of Appeals · 2004
  4. Althoff v. LefebvreAppellate Division of the Supreme Court of the State of New York · 1997
  5. Lugo v. Angle of Green, Inc.Appellate Division of the Supreme Court of the State of New York · 2000

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3Cited by4 opinions

  1. Parente v. ChavezAppellate Division of the Supreme Court of the State of New York · 2005
  2. Mindel v. JonesAppellate Division of the Supreme Court of the State of New York · 2005
  3. Zelman v. CosentinoAppellate Division of the Supreme Court of the State of New York · 2005
  4. Sposito-Chtcherbinina v. BaranovichAppellate Division of the Supreme Court of the State of New York · 2005

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