Category Archives: Animals

This was originally published on the SGR Blog.

Court Decides If Email From Management Company & Attorneys Was Privileged

Michele and John Kijek sought an order compelling the Board of Managers of Lakeside of Bedford Condominium (“BMLBC”) and Katonah Management Group, Inc. (“KMG”) to disclose: (1) complete and unredacted copies of any and all emails between the Condominium and Shapiro, Gettinger Waldinger & Montelone, LLP (including all attorneys and/or employees of such law firm, including but not limited to Steven Waldinger and Jennifer Catalanotto) and the Management Group (including but not limited to Andrea Morse, Stephen Brussels, Bryan Hao, Dean Sterino, Jeanne Casarini and Sylvia Padrevita for the year of 2016), and (2) that a search be performed in the email history of Andrea Morse, Jeanne Cassarini, Stephen Brussels, Sylvia Padrevita, Rosemary Capone, Jim Stakebake, Jerry Moskowitz, Laurie Hilliard, and Bill Lang for any emails related to the incidents described in the complaint.

The Kijek’s alleged that Lynn West and Stanley West were tenants of Jane McConnell, the owner of condominium Unit 1005 and asserted that, on July 29, 2016, the Wests owned a certain dog named Harrison or “Harry” which attacked their daughter, Sydney Woodard, and their dog known as “Cooper” in the vicinity of the Wests’ condominium, causing her injuries and injuries to “Cooper.” On October 1, 2016, the Wests’ dog attacked Michele Kijek causing her personal injuries.

This was originally posted on the SGR Blog.

Was Prosecution Barred by “Choice of Evils” Justification Defense?

Luis Jimenez was indicted on several counts for striking and severely injuring a small dog with a broomstick. Jimenez argued that the indictment should be dismissed because the prosecutor did not charge the grand jury on justification under Penal Law § 35.05(2), the “choice of evils” defense. Was that instruction warranted under the circumstances of the case?

Jimenez was charged with second-degree criminal mischief under Penal Law § 145.10, aggravated cruelty to animals under Agriculture and Markets Law § 353-a, and Overdriving, Torturing, or Injuring an Animal under Agriculture and Markets Law § 353. He testified before the grand jury that J., a former acquaintance, confronted him on a sidewalk and demanded that he repay a $20 debt. When Jimenez refused, J. left and then quickly returned with two metal rods, one in each hand, and threatened to kill him if he did not pay. Jimenez picked up a broom and broke it in half to defend himself as J.’s mother and uncle appeared on the scene. At his mother’s urging, J. turned and began walking away while the uncle began “tussling” with Jimenez, attempting to disarm him of the broom handle. As Jimenez was engaged with the uncle, Gigi—a small dog who was in the mother’s care—ran up to him and started biting at his pant leg. While still physically engaged with the uncle, Jimenez swung the broom handle and hit Gigi.

This was originally published on the SGR Blog.

Did “O’Malley” Already Have One or Two?

Amy C. Farrell alleged that she was injured by O’Malley, a vicious dog belonging to Peter M. Boushie. Amy’s husband, Kevin L. Ladue, alleged that he was deprived of his wife’s services, society, and companionship as a result of her injuries. After discovery, Farrell and Ladue moved for summary judgment.

New York’s courts have long recognized that the owner of a dog who either knows or should have known of that animal’s vicious propensities will be held liable for the harm the animal causes as a result of those propensities. Liability in such cases is absolute. It is not dependent upon proof of negligence on the part of the dog’s owner.

This was originally published on the SGR Blog.

Court Patiently Parses Pet Peeves

On October 27, 2018, Julie Hickson was walking her dog, Juno, through a neighborhood in the town of Chatham, Columbia County, when she approached a residence located at 144 Hudson Avenue. The residence was owned by Fredda Brown, who leased a portion of it to her daughter, Leah Brown-Oliva.

Brown-Oliva had just exited the residence with her own dog, Josie, who was secured by a retractable leash. As Brown-Oliva was closing the door behind her, Josie began running toward Hickson and Juno, pulling the retractable leash out of Brown-Oliva’s grasp. Josie and Juno quickly became engaged in a fight, as Hickson and Brown-Oliva attempted to separate the dogs. During the struggle, the retractable leash that was still attached to Josie became wrapped around Hickson’s legs, and she fell to the ground. Eventually, the dogs were separated, and Hickson and Juno walked away. Hickson later went to an urgent care center, where she was found to have fractures in both of her hands.