Legal Opinion

TENNANT, RANDY J. v. TABOR, DAVID

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

Decided November 10, 2011No. CA 11-01109PublishedCited by 2 opinions

1Opinion of the Court

Memorandum:

Plaintiff commenced this action seeking damages for injuries he sustained when his vehicle collided with a horse owned by defendants. We agree with defendants that Supreme Court erred in denying their motion for summary judgment dismissing the amended complaint. “ ‘[W]hen harm is caused by a domestic animal, its owner[s’] liability is determined solely by application of the rule articulated in Collier [v Zambito (1 NY3d 444 [2004]),]’ . . . i.e., the rule of strict liability for harm caused by a domestic animal whose owner[s] know[ ] or should have known of the animal’s vicious…

2Cases cited13 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Collier v. ZambitoNew York Court of Appeals · 2004
  3. Bard v. JahnkeNew York Court of Appeals · 2006
  4. Morejon v. Rais Construction Co.New York Court of Appeals · 2006
  5. Petrone v. FernandezNew York Court of Appeals · 2009

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3Cited by2 opinions

  1. Bloomer v. ShaugerAppellate Division of the Supreme Court of the State of New York · 2012
  2. O'HARA, SONYA J. v. HOLIDAY FARMAppellate Division of the Supreme Court of the State of New York · 2017

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