New York

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Titlesort descending Summary
SHOULD THEY GO THE WAY OF THE HORSE AND BUGGY? HOW THE NEW YORK CITY HORSE-DRAWN CARRIAGE INDUSTRY HAS SURVIVED THIRTY YEARS OF OPPOSITION
Smith v. City of New York


This New York appeal reversed the lower court's judgment finding Officer Smith strictly liable for dog-bite injuries sustained by infant plaintiffs. The court found that, in the limited time the officer spent with the dog, the dog acted friendly, playful, and "rambunctious." He did not see the dog growl or lunge at the plaintiff and her family, who were sitting in the precinct house. The testimony adduced at trial did not establish that Officer Smith knew or should have known of the dog's vicious propensities. Further, the court found the evidence was insufficient to show that Officer Smith owned the dog. Rather, he took temporary custody of the abandoned dog with the intention to transport him to the ASPCA, and the dog was in his possession for, at most, a few hours.
Snyder v. Bio-Lab, Inc.


Plaintiffs sought damages after having to slaughter dairy cows that were injured by defendant’s defective machine. The Court held that plaintiffs could recover 1) the fair market value less salvage value of the cows, 2) the loss of profit during the period after the incident when cows of comparable quality became available on the market, and 3) the calculable loss in milk production caused by the incident's negative impact on the milk production level of the remaining cows.
Stray from Heart, Inc. v. Department of Health and Mental Hygiene of City of New York


Petitioner, an animal rescue organization, filed suit seeking the enforcement of the Animal Shelters and Sterilization Act. The court held that the act does not provide for a private right of action for money damages. Instead, the legislative history reveals the law was designed to benefit the general public in New York City as well as stray cats and dogs. The court affirmed the lower court's decision with costs.
Tennant v. Tabor


Motorist collided with a horse and sued horse owners for damages. The Supreme Court held that, even if horse owners violated statute requiring them to provide shelter to horse, this did not constitute common-law negligence, which was required for damages. In addition, horse owners were not liable because there was no evidence that horse exhibited propensity to interfere with traffic prior to incident involving motorist.
The Nonhuman Rights Project, Inc. on behalf of Tommy, Petitioners, v. Patrick C. Lavery, individually and as an officer of Circl


This set of pleadings is from the Nonhuman Rights Project (NhRP). The NhRP filed the first-ever lawsuit on behalf of captive chimpanzees in New York. The suit includes a petition for a writ of habeas corpus, demanding that the chimps be released from private captivity to a sanctuary that is part of the North American Primate Sanctuary Alliance (NAPSA). In 2014, the petitioners sought review at the New York Court of Appeals.
Thurber v. Apmann


In 2007, the plaintiff and defendant were walking their respective dogs when one of defendant's two dogs, a retired K-9 dog, attacked the plaintiff's dog. Plaintiff sued defendant for damages she received as a result. While each dog did received "handler protection" training (where a K-9 dog is trained to react to an aggressive attack on defendant while on duty), that situation had never arisen because the dogs acted in passive roles as explosive detection dogs. Plaintiff countered that the severity of the attack coupled with the dogs' breed and formal police training should have put defendant on notice of the dogs' vicious propensities. In affirming the summary judgment, this court found that the formal police training was not evidence of viciousness and there was no support to plaintiff's assertion that defendant kept the dogs as "guard dogs."
Tighe v. N. Shore Animal League Am.

In this New York case, the defendant appeals denial of its motion for summary judgment. Plaintiff filed an action to recover damages for personal injuries after the dog she adopted from defendant-North Shore Animal League America bit plaintiff's face causing severe personal injuries. Plaintiff alleges causes of action that include negligence, breach of the implied warranty of merchantability, and intentional infliction of emotional distress, and interposed a claim for punitive damages. After defendant opposed the filing, plaintiff submitted evidence that the dog previously had been returned to defendant animal shelter after biting another individual in the face. This court noted that, under long-standing rule, the owner of a domestic animal who knew or should have known of the animal's vicious propensities is liable for harm. However, here, even if defendant failed to disclose the dog's vicious propensities, that breach was not the proximate cause of plaintiff's injuries. In fact, the dog showed aggressive behavior during the three-and-a-half months the plaintiff owned the dog (including a previous bite to plaintiff's hand). This, in effect, placed the plaintiff on notice of the dog's vicious propensities. The court found that the lower court erred by not granting defendant's motion for summary judgment. With regard to the reach of the implied warranty of merchantability, the court found that even if a transaction from an animal shelter is subject to the warranty, the plaintiff failed to notify defendant of the "nonconformity of the goods" (to wit, the dog) within a reasonable period of time. The order was reversed.
Tighe v. North Shore Animal League In May 2012, Tighe adopted a dog from the North Shore Animal League after having been warned that the dog was possessive regarding food. After taking the dog home, Tighe noticed that the dog exhibited aggressive behavior, such as jumping at the backyard fence and growling at her when she attempted to feed the dog. In July of 2012, the dog bit Tighe’s hand when she tried to pick up a cookie off of the floor. As a result, Tighe spent three days in the hospital due to severe blood loss and swelling. Additionally, in September of 2012, the dog bit Tighe in the face causing severe injuries. After the incident in September, Tighe filed suit against the North Shore Animal League to recover damages for negligence, breach of implied warranty of merchantability, and intentional infliction of emotional distress. The court dismissed the claim of emotional distress but granted summary judgment in favor of Tighe with regard to the other claims of negligence. The North Shore Animal League appealed the lower court’s decision. Ultimately, the Supreme Court of New York overturned the lower court’s decision and granted summary judgment in favor of the North Shore Animal League on all claims. The court found that the North Shore Animal League was not a proximate cause to Tighe’s injuries for failing to adequately warn her about the dog’s aggreesive behavior because Tighe learned of the dog’s aggressive behavior three months prior to the incident that caused Tighe’s injuries. According to the court, once Tighe learned of the dog’s aggressive tendencies, she was in the best position to take “precautionary measures to prevent harm to herself.” So, even if the North Shore Animal League had failed to warn Tighe of the dog’s aggressive tendencies prior to the adoption, Tighe “independently” learned of the dog’s aggressive behavior prior to the incident which eliminated the North Shore Animal League as being a proximate cause of her injuries.
Tilson v. Russo


In this New York case, plaintiff, an experienced recreational horse rider, was bitten by a horse she intended to use to practice her techniques at defendant's stable. The rider then 

brought a negligence action against owners of horse that bit her on the shoulder. In affirming the lower court's granting of summary judgment, the appellate court found that

rider's injury occurred in the context of her participation in the recreational sporting activity of horseback riding, for purposes of primary assumption of the risk principles. She was aware of the inherent risks in sporting events involving horses, had an appreciation of the nature of the risks, and voluntarily assumed those risks.

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