Di Michele v. Filacchione

Plaintiff sues, in his first cause of action, for property damages arising out of the death of his horse “ Mortarmain ” at Shore Drive and Pelham Drawbridge, Pelham Parkway, Bronx, allegedly caused by the negligence of the defendants in the operation of their vehicle.

As a second cause of action, plaintiff demands damages in the sum of $2,500 for fright and impairment of plaintiff’s emotional stability arising out of the killing of his horse. Defendants move to dismiss on the ground it does not state facts sufficient to constitute a cause of action.

Plaintiff states that his horse, a…