Legal Opinion
Arcara v. Whytas
Appellate Division of the Supreme Court of the State of New York
Decided September 29, 1995PublishedCited by 15 opinions
1Opinion of the Court
Order unanimously reversed on the *872law without costs, motion granted, and complaint dismissed. Memorandum: Plaintiff, an employee of National Fuel Co., entered the backyard of defendants’ premises to read the gas meter and was bitten by defendants’ dog, a mixed-breed German Shepherd. Thereafter, plaintiff commenced this action, alleging that defendants were aware of the vicious propensities of the dog and failed to take proper measures to control it. Supreme Court denied defendants’ motion for summary judgment dismissing the complaint. We reverse.
Defendants established by undisputed proof in…
2Cases cited5 opinions
- Strunk v. ZoltanskiNew York Court of Appeals · 1984
- William Iselin & Co. v. LandauNew York Court of Appeals · 1988
- Ford v. SteindonAppellate Terms of the Supreme Court of New York · 1962
- Wilson v. BruceAppellate Division of the Supreme Court of the State of New York · 1993
- Harris v. KasperakAppellate Division of the Supreme Court of the State of New York · 1991
3Cited by15 opinions
- Tipton v. Town of TaborSouth Dakota Supreme Court · 1997
- Palumbo v. NikirkAppellate Division of the Supreme Court of the State of New York · 2009
- Althoff v. LefebvreAppellate Division of the Supreme Court of the State of New York · 1997
- Lugo v. Angle of Green, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
- Shaw v. BurgessAppellate Division of the Supreme Court of the State of New York · 2003
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