Legal Opinion

Young v. Wyman

New York Court of Appeals

Decided December 27, 1990PublishedCited by 22 opinions

1Opinion of the Court

OPINION OF THE COURT

Order affirmed, with costs. We agree with so much of the memorandum at the Appellate Division (159 AD2d 792) as held that the mere presence of an unrestrained dog on the street does not give rise to a presumption of negligence on the part of its owner.

Concur: Chief Judge Wachtler and Judges Alexander, Titone, Hancock, Jr., and Bellacosa. Judge Kaye dissents and votes to reverse in an opinion in which Judge Simons concurs.

2Cases cited1 opinion

  1. Young v. WymanAppellate Division of the Supreme Court of the State of New York · 1990

3Cited by22 opinions

  1. Althoff v. LefebvreAppellate Division of the Supreme Court of the State of New York · 1997
  2. Staller v. WestfallAppellate Division of the Supreme Court of the State of New York · 1996
  3. Nilsen v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1993
  4. Akley v. ClemonsAppellate Division of the Supreme Court of the State of New York · 1997
  5. Sinon v. AnastasiAppellate Division of the Supreme Court of the State of New York · 1997

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