Category Archives: Animals

This was originally posted on the SGR Blog.

Dog bite case decisions regularly and routinely address the legal basis of liability: did (or did not) the owner know of the canine’s “vicious propensity”. But that is where the similarity begins and ends. As a recent case illustrates, each case is “fact-specific” and requires an examination of the dog’s “propensity” pedigree.

Mindy Gordon was the owner of a dog named Mystery. On September 30, 2018, Amisha Mulji was walking her dog named CJ around 8:45 in the evening. Mystery was also out and being handled by Melissa Torres. Mystery was leashed but was not muzzled. Mystery then attacked, scratching Mulji and biting CJ. Eventually, CJ died from its injuries. As a result, the New York City Department of Health entered into a settlement with Gordon setting forth the care and responsibilities of Mystery. The settlement stated “Mystery was involved in both the foregoing incident and a prior incident on December 11, 2015, in which Mystery attacked and caused physical injuries to persons and killed another dog.”

This was originally posted on the SGR Blog.

Is every dog entitled to one bite? As a recent case illustrates, proof of prior canine misconduct is required to show vicious propensity. 

Suzanne Castelluccio was bitten on May 12, 2016, by a dog named “Charlie” in the driveway of 13 Kent Street in Rock Hill, New York, owned by Karen Hudson and Phillip Hudson. 

According to Karen Hudson, she and Castelluccio were traveling to Middletown when they stopped by the Hudson house in Rock Hill. Hudson exited the van and approached the chain-linked pen, which contained her Siberian husky, Charlie. The fence of the pen was approximately five feet high and extended to her garage. Hudson approached the gated pen, and Charlie jumped up with his front paws on the fence; she then went back toward the vehicle to retrieve her house keys. Castellucio saw Hudson pet the husky who asked for and was granted permission to pet Charlie. Hudson then proceeded from the van to her front door.

This was originally posted on the SGR Blog.

A dog may be wo/man’s best friend. But, when it comes to the law, a dog is a mere chattel or thing—possession of which is governed by the competing proofs in action for conversion.

Madison Shalloo sued Beleal Zarrour for the replevin of a dog on August 14, 2020. In her complaint, Shalloo alleged she was in a relationship with Zarrour. They shared an apartment in Long Island City from November 30, 2017, to January 10, 2020. In April 2018, they agreed to purchase a dog together. Shalloo located and was the contact person with the breeder. On July 2, 2018, they purchased a Welsh Terrier puppy named Gryffin Shalloo. And she reimbursed Zarrour for one-half of the cost of Gryffin.

This was originally posted on the SGR Blog.

New York Court of Appeals Decides If Clinic Has Liability (On 10/22)

Palmer Veterinary Clinic, PC treated Vanilla, a dog, for a paw injury at its clinic. That same day, Marsha Hewitt brought her cat to the clinic for an examination. As Hewitt waited in the reception area, a veterinarian returned Vanilla to her owner in the waiting room; the dog had just undergone a medical procedure to remove a broken toenail. At some point after the veterinarian handed Vanilla’s leash back to her owner, Vanilla saw Hewitt’s cat in its carrier, slipped her collar and—in an apparent attempt to reach the cat—jumped at Hewitt from behind, grabbing her ponytail.

Several months later, Hewitt sued Palmer, alleging that she suffered injuries as a result of the incident. And alleged that Palmer had a duty to provide a safe waiting room, that Palmer breached that duty by failing to exercise due care and by bringing an “agitated, distressed” dog into the waiting area, and that Palmer knew Vanilla had vicious propensities and was in an agitated and aggressive state. Palmer denied the allegations and asserting various affirmative defenses, including that the clinic was entitled to have any liability apportioned between itself and the dog’s owner.

This was originally published on the SGR Blog.

Alan and Lisa Johnson, husband and wife, sued for injuries Alan Johnson suffered when a dog owned by Kalpano Rao and Narayan Raj attacked Alan in an elevator in a residential condominium owned by Element Condominium and managed by Elliman Property Management. Rao and Raj owned and resided in condominium units in the building.

On May 30, 2011, Johnson, Raj, and his dog Ibiza boarded a public passenger elevator inside the building. Once inside, Johnson asked if he might pet Ibiza, to which Raj assented. Johnson lowered his hand to Ibiza to allow the dog to sniff him, and, after the dog appeared to accept Johnson’s hand, Johnson knelt down to face and pet the dog. After Johnson pet Ibiza, as Johnson was standing up, the dog barked at him, lunged at him, and bit his face, tearing off pieces of his nose and lip. Raj immediately pulled the dog away from Johnson, but not before he had suffered severe facial injuries that required plastic surgery.