Colarusso v. Dunne
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Ritter, J. P.
When a three-year-old child bear hugs a pet labrador retriever owned by his day care provider and the dog bites the child as the provider calls out to the child to leave the dog alone, can there be a recovery by the child in an action alleging negligence even though there is no evidence that the dog previously exhibited vicious propensities? We hold that this issue cannot be summarily determined and that questions of fact warrant submission of this case to a jury.
In June 1998, the defendant Francesca Dunne and her husband, the defendant Michael Dunne, operated…
2Cases cited29 opinions
- Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
- Turcotte v. FellNew York Court of Appeals · 1986
- Pulka v. EdelmanNew York Court of Appeals · 1976
- Kush v. City of BuffaloNew York Court of Appeals · 1983
- Muller v. . McKessonNew York Court of Appeals · 1878
24 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Douglas v. John Hus Moravian Church of Brooklyn, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
- Shaw v. BurgessAppellate Division of the Supreme Court of the State of New York · 2003
- Bernstein v. Penny Whistle Toys, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
- Goldberg v. LorussoAppellate Division of the Supreme Court of the State of New York · 2001
- Williams v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2003
23 more not listed; retrieve them via the Exa API.