Legal Opinion
Staller v. Westfall
Appellate Division of the Supreme Court of the State of New York
Decided March 7, 1996PublishedCited by 15 opinions
1Opinion of the Court
—Mercure, J.
Plaintiff Jud A. Staller sustained the injuries forming the basis for this action when defendant’s dog, an eight-month-old mixed-breed Labrador and Husky, proceeded into the road in front of his bicycle, causing a collision. Whether the action is pleaded in negligence or in strict liability, a plaintiff cannot recover for injuries resulting from the presence of a dog in the highway absent evidence that the defendant was aware of the animal’s vicious propensities or of its habit of interfering with traffic (see, Toolan v Hertel, 201 AD2d 816; Nilsen v Johnson, 191 AD2d 930; Young v…
2Cases cited4 opinions
- Young v. WymanNew York Court of Appeals · 1990
- Young v. WymanAppellate Division of the Supreme Court of the State of New York · 1990
- Nilsen v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1993
- Toolan v. HertelAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by15 opinions
- Althoff v. LefebvreAppellate Division of the Supreme Court of the State of New York · 1997
- Alia v. FiorinaAppellate Division of the Supreme Court of the State of New York · 2007
- Akley v. ClemonsAppellate Division of the Supreme Court of the State of New York · 1997
- Sinon v. AnastasiAppellate Division of the Supreme Court of the State of New York · 1997
- Hyde v. CluteAppellate Division of the Supreme Court of the State of New York · 1997
10 more not listed; retrieve them via the Exa API.