Roche v. Bryant
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Rebolini, J.), dated January 6, 2010, which granted the *708defendants’ motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
“To recover upon a theory of strict liability in tort for a dog bite or attack, a plaintiff must prove that the dog had vicious propensities and that the owner of the dog . . . knew or should have known of such propensities” (Palumbo v Nikirk, 59 AD3d 691, 691 [2009]; see Petrone v Fernandez, 12 NY3d…
2Cases cited11 opinions
- Collier v. ZambitoNew York Court of Appeals · 2004
- Petrone v. FernandezNew York Court of Appeals · 2009
- Stock v. Otis Elevator Co.Appellate Division of the Supreme Court of the State of New York · 2008
- Claps v. Animal Haven, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- Palumbo v. NikirkAppellate Division of the Supreme Court of the State of New York · 2009
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3Cited by25 opinions
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- Velez v. AndrejkaAppellate Division of the Supreme Court of the State of New York · 2015
- Silva v. FC Beekman Associates, LLCAppellate Division of the Supreme Court of the State of New York · 2012
- Ciliotta v. RanieriAppellate Division of the Supreme Court of the State of New York · 2017
- Bueno v. SeecharanAppellate Division of the Supreme Court of the State of New York · 2016
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