Appellate Division of the Supreme Court of New York, 1993

Stachelczyk v. McIvor

Stachelczyk v. McIvor
Appellate Division of the Supreme Court of New York · Decided November 19, 1993
198 A.D.2d 895; 605 N.Y.S.2d 1003
Stachelczyk v. McIvor

Opinion of the Court

—Judgment unanimously affirmed with costs. Memorandum: The evidence is sufficient to support the jury’s finding that defendant’s dog possessed vicious propensities and that defendant knew or should have known of those propensities (see, Muller v McKesson, 73 NY 195; Wheaton v Guthrie, 89 AD2d 809, 810). We reject defendant’s argument that the jury’s damage award "deviates materially from what would be reasonable compensation” (CPLR 5501 [c]). We have examined defendant’s remaining contentions and find them to be lacking in merit. (Appeal from Judgment of Supreme Court, Erie County, Wolfgang, J. — Negligence.) Present — Callahan, J. P., Green, Balio, Fallon and Boehm, JJ.

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