Monthly Archives: November 2016

Garson v. Tarmy

Posted on November 14, 2016 | Comments Off on Garson v. Tarmy

Victor Metsch, along with other lawyers at Smith, Gambrell & Russell, LLP represented the plaintiffs in a complicated real property dispute in which the Court recently found that a claimed easement on the border of their clients’ land was never effectively created: Garson v. Tarmy

Comments Off on Garson v. Tarmy

Posted in Litigation, New York Law, Real Estate

OF HORSES, BULLS AND DOG BITES

Posted on November 1, 2016 | Comments Off on OF HORSES, BULLS AND DOG BITES

During the past several months our courts, at all levels, have issued a vast and unusual number of decisions relating to the “vicious propensities” of dogs; canine “custody disputes; animal and pet related claims of negligence; and the “three month rule”.

RPDG, LLC v. Kuravsky, 2016 NY Slip Op 50791(U) [App. T. 2d Dept. May 12, 2016]

Appellate Term summarily affirmed, as follows, the judgment of Civil Court, after a bench trial, dismissing the petition:

In this holdover proceeding predicated, . . . on a claim that tenant, Alexander Kuravsky, violated his lease by harboring a dog without landlord’s consent, the Civil Court dismissed the petition after a nonjury trial, finding that landlord’s failure to commence the proceeding within three months of learning of the dog’s presence in the subject apartment constituted a waiver of landlord’s right to enforce the no-pet provision of the lease [ ].

Colombini v. Benitez, 2016 NY Slip Op 31829(u) [Sup. Ct. N.Y.  Co. September 30, 2016] Continue reading →

Comments Off on OF HORSES, BULLS AND DOG BITES

Posted in Animals, Litigation, New York Law