Hargro v. Ross
Cases that cite this one
8 later published cases cite this decision.
- Hewitt v. Palmer Veterinary Clinic, PC (Appellate Division of the Supreme Court of New York 2018)
- BLAKE, CASSANDRA v. COUNTY OF WYOMING (Appellate Division of the Supreme Court of New York 2017)
- Blake v. County of Wyoming (Appellate Division of the Supreme Court of New York 2017)
- Blake v. County of Wyoming (Appellate Division of the Supreme Court of New York 2017)
- Jennifer M.C.-Y. v. Boring (Appellate Division of the Supreme Court of New York 2019)
- CRUZ, YESENIA v. STACHOWSKI, MICHAEL J. (Appellate Division of the Supreme Court of New York 2016)
- Cruz v. Stachowski (Appellate Division of the Supreme Court of New York 2016)
- Cruz v. Stachowski (Appellate Division of the Supreme Court of New York 2016)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Appeal from an order of the Supreme Court, Erie County (Tracey A. Bannister, J.), entered January 20, 2015 in a personal injury action. The order denied defendant’s motion for summary judgment dismissing the complaint.
It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, defendant’s motion is granted and the complaint is dismissed.
Memorandum: Plaintiff commenced this action seeking damages for injuries she sustained from a dog bite. Plaintiff was inside defendant’s restaurant at the time of the incident, and
We further conclude that the court erred in denying defendant’s motion with respect to plaintiff’s strict liability claim. Here, defendant met his initial burden by establishing that he lacked actual or constructive knowledge that the dog had any vicious propensities (see Doerr v Goldsmith, 25 NY3d 1114, 1116 [2015]), and plaintiff failed to raise a triable issue of fact in that respect (see id.; see also Collier v Zambito, 1 NY3d 444, 447 [2004]; Buicko v Neto, 112 AD3d 1046, 1047 [2013]). Present — Scudder, P.J., Centra, Garni, Valentino and BeJoseph, JJ.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.