Bernstein v. Penny Whistle Toys, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, New York County (Jane S. Solomon, J.), entered March 28, 2006, which, inter alia, granted defendants’ motion for summary judgment dismissing the complaint, affirmed, without costs.
Plaintiffs seek to recover for injuries attributable to a dog bite. In view, however, of the absence of any evidence that the dog in question exhibited a vicious propensity prior to the incident involving the infant plaintiff, no triable issue was raised (Bard v Jahnke, 6 NY3d 592 [2006]).
In our view, the Court of Appeals has squarely spoken on this issue in finding that “when harm is caused by…
2Cases cited9 opinions
- Basso v. MillerNew York Court of Appeals · 1976
- Collier v. ZambitoNew York Court of Appeals · 2004
- Bard v. JahnkeNew York Court of Appeals · 2006
- MacDonald v. City of SchenectadyAppellate Division of the Supreme Court of the State of New York · 2003
- Colarusso v. DunneAppellate Division of the Supreme Court of the State of New York · 2001
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- TENNANT, RANDY J. v. TABOR, DAVIDAppellate Division of the Supreme Court of the State of New York · 2011
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