Legal Opinion

Petrone v. Fernandez

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

Decided July 8, 2008PublishedCited by 7 opinions

1Opinion of the Court

OPINION OF THE COURT

Dillon, J.

This case involves a United States Postal Service worker delivering mail, an unleashed dog, and an alleged chase resulting in injuries to the mail carrier. We are asked to clarify whether, under the current state of the law, the owner of a dog may be held liable to a plaintiff based upon an alleged violation of a local leash ordinance and the dog’s behavior, even though the dog had not displayed any prior vicious propensities. We conclude, contrary to the recent holding of the Appellate Division, Third Department, in Alia v Fiorina (39 AD3d 1068 [2007]), that a…

2Cases cited45 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  3. Basso v. MillerNew York Court of Appeals · 1976
  4. Turcotte v. FellNew York Court of Appeals · 1986
  5. Pulka v. EdelmanNew York Court of Appeals · 1976

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3Cited by7 opinions

  1. Petrone v. FernandezNew York Court of Appeals · 2009
  2. Flanders v. GoodfellowNew York Court of Appeals · 2025
  3. Flanders v. GoodfellowNew York Court of Appeals · 2025
  4. Polman v. TersilloAppellate Division of the Supreme Court of the State of New York · 2009
  5. Budway v. McKeeNew York Supreme Court · 2010

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