Legal Opinion
Mitura v. Roy
Appellate Division of the Supreme Court of the State of New York
Decided June 7, 1991PublishedCited by 11 opinions
1Opinion of the Court
—Order unanimously affirmed without costs. Memorandum: While participating in a picnic at defendants’ residence, plaintiff dove off the diving board of defendants’ backyard swimming pool. Unbeknownst to plaintiff, defendants’ dog jumped into the pool at the same time and plaintiff landed on the dog, suffering a deep gash to his face. Supreme Court properly denied defendants’ motion for summary judgment dismissing plaintiff’s complaint.
The owner of a domestic animal will be held liable for injuries caused by the animal if the owner has knowledge that the animal has vicious propensities.…
2Cases cited4 opinions
- Lagoda v. DorrAppellate Division of the Supreme Court of the State of New York · 1967
- Shuffian v. GarfolaAppellate Division of the Supreme Court of the State of New York · 1959
- Thirlwall v. GalanterCivil Court of the City of New York · 1970
- Shain v. CrausmanNew York Court of Appeals · 1957
3Cited by11 opinions
- Sorel v. IacobucciAppellate Division of the Supreme Court of the State of New York · 1995
- Anderson v. CardunerAppellate Division of the Supreme Court of the State of New York · 2001
- Nilsen v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1993
- Goldberg v. LorussoAppellate Division of the Supreme Court of the State of New York · 2001
- Pollard v. United Parcel ServiceAppellate Division of the Supreme Court of the State of New York · 2003
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