Legal Opinion

Bates v. Constable

New York Supreme Court

Decided July 27, 2004Published

1Opinion of the Court

OPINION OF THE COURT

Dennis F. Bender, J.

The plaintiff in this case alleges he was seriously injured when bitten by a Rottweiler dog given to him by his son the previous day. He further alleges that his son had previously been given the dog by the defendant, who never warned the plaintiff or the son of the dog’s known vicious propensities. Pursuant to answers provided by the plaintiff to interrogatories, *811the defendant also knew the son intended to give the dog to the plaintiff for a pet. The son is not a party to the action.

The complaint alleged four causes of action founded, respectively, in…

2Cases cited9 opinions

  1. Glanzer v. . ShepardNew York Court of Appeals · 1922
  2. Eiseman v. StateNew York Court of Appeals · 1987
  3. 532 Madison Avenue Gourmet Foods, Inc. v. Finlandia Center, Inc.New York Court of Appeals · 2001
  4. Strunk v. ZoltanskiNew York Court of Appeals · 1984
  5. Vogel v. West Mountain Corp.Appellate Division of the Supreme Court of the State of New York · 1983

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