Category Archives: Animals

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

“DOGFIGHT” IN THE COURT OF APPEALS

You may have noticed that I am inexplicably captivated and fascinated by the constant stream of trial court proceedings and appeals involving cats, dogs and other animals.  [See, The Bark Goes On (2/2/14); and Legal “Horse” And Other Tales (2/1/15)].

In recent months there has been an outburst of decisions relating to animals from both the Court of Appeals and the several Appellate Divisions:

Doeer v. Goldsmith, 2015 NY Slip Op 04752 (Court of Appeals) [decided on June 9, 2015] was a summary (four-judge) decision with a three-judge concurring opinion and two dissents (by three judges).

Doeer was the fourth time in recent years that the Court of Appeals has addressed the duty of care with respect to pets and animals.

Continue reading