Legal Opinion

Young v. MacIsaac

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

Decided November 18, 1992PublishedCited by 2 opinions

1Opinion of the Court

Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Plaintiff commenced the present action to recover for injuries sustained by her infant daughter when she was bitten by defendants’ dog. Supreme Court erred in denying defendants’ motion for summary judgment dismissing the complaint.

The owners of domestic animals are not liable for injuries *1039caused by the animals unless they knew or should have known of their vicious propensities (see, Muller v McKesson, 73 NY 195, 199; Fox v Martin, 174 AD2d 875; Harris v Kasperak, 172 AD2d 1062).…

2Cases cited4 opinions

  1. Muller v. . McKessonNew York Court of Appeals · 1878
  2. Fontecchio v. EspositoAppellate Division of the Supreme Court of the State of New York · 1985
  3. Fox v. MartinAppellate Division of the Supreme Court of the State of New York · 1991
  4. Harris v. KasperakAppellate Division of the Supreme Court of the State of New York · 1991

3Cited by2 opinions

  1. Rogers v. TravisAppellate Division of the Supreme Court of the State of New York · 1996
  2. Cipriano v. HankAppellate Division of the Supreme Court of the State of New York · 1994

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