Doerr v. Goldsmith

Andrias and DeGrasse, JJ.,

dissent in a memorandum by Andrias, J., as follows: We reversed the order denying defendant Smith’s motion for summary judgment dismissing the complaint on the ground that New York does not recognize a common-law negligence cause of action to recover damages for injuries caused by a domestic animal (see Doerr v Goldsmith, 105 AD3d 534 [1st Dept 2013]). Rather, the sole viable claim is for strict liability, and here there is no evidence that defendant had knowledge that her dog had a propensity to interfere with traffic (see Petrone v Fernandez, 12 NY3d 546, 550…