Legal Opinion

Surer v. Seidler

New York Supreme Court

Decided June 24, 1959PublishedCited by 3 opinions

1Opinion of the CourtNicholas M. Pette, J.

Plaintiff brought this action to recover damages for personal injuries sustained when he was bitten by a police dog owned and harbored by defendant on an open lot which defendant used for the storage of second-hand and wrecked cars. The incident occurred in the daytime, while plaintiff was on the premises of the defendant for business purposes.

There was uncontradicted proof that on three different occasions the animal involved had bitten other persons and that it was kept by defendant as a watchdog. Accordingly there was ample evidence wherewith to charge the defendant with knowledge of the…

2Cases cited5 opinions

  1. Muller v. . McKessonNew York Court of Appeals · 1878
  2. Brice v. . BauerNew York Court of Appeals · 1888
  3. People v. SandgrenNew York Court of Appeals · 1951
  4. Johnson v. . BlaneyNew York Court of Appeals · 1910
  5. Fox v. HindusAppellate Division of the Supreme Court of the State of New York · 1944

3Cited by3 opinions

  1. Lynch v. NacewiczAppellate Division of the Supreme Court of the State of New York · 1987
  2. Russell v. LepreAppellate Division of the Supreme Court of the State of New York · 1984
  3. Haberman v. BabaiNew York Supreme Court · 1959

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