Legal Opinion

Matthew H. v. County of Nassau

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

Decided June 17, 2015No. 2012-09074PublishedCited by 20 opinions

1Opinion of the Court

OPINION OF THE COURT

Austin, J.

The primary issue presented on this appeal is whether cotenants in leased premises can be held strictly liable for a vicious attack by dogs owned solely by another cotenant. Additionally, we address whether a unified trial under the circumstances of this case is appropriate. For the reasons set forth herein, we hold that cotenants can be held strictly liable for a vicious attack by dogs owned solely by another cotenant, provided that there is evidence that the cotenants participated in the care of the dogs in their household to a sufficient degree to support a…

2Cases cited33 opinions

  1. Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
  2. Collier v. ZambitoNew York Court of Appeals · 2004
  3. Bard v. JahnkeNew York Court of Appeals · 2006
  4. Petrone v. FernandezNew York Court of Appeals · 2009
  5. Dickson v. . McCoyNew York Court of Appeals · 1868

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3Cited by20 opinions

  1. Ioveno Ex Rel. Ioveno v. SchwartzAppellate Division of the Supreme Court of the State of New York · 2016
  2. Cantore v. CostantineAppellate Division of the Supreme Court of the State of New York · 2023
  3. Gammon v. CurleyAppellate Division of the Supreme Court of the State of New York · 2017
  4. Michael P. v. DombroskiAppellate Division of the Supreme Court of the State of New York · 2022
  5. Cruz v. StachowskiAppellate Division of the Supreme Court of the State of New York · 2016

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