Bernstein v. Penny Whistle Toys, Inc.
Cases that cite this one
35 later published cases cite this decision. The 25 that cite it most often are listed here.
- Wolfgang Doerr v. Daniel Goldsmith / Cheryl Dobinski v. George O. Lockhart (N.Y. 2015)
- Hewitt v. Palmer Veterinary Clinic, PC (Appellate Division of the Supreme Court of New York 2018)
- Flanders v. Goodfellow (N.Y. 2025)
- Flanders v. Goodfellow (N.Y. 2025)
- Marsha Hewitt v. Palmer Veterinary Clinic (N.Y. 2020)
- Christian v. Petco Animal Supplies Stores, Inc. (Appellate Division of the Supreme Court of New York 2008)
- Jetter v. Hall (New York Supreme Court 2008)
- Waters v. United States (District Court, S.D. New York 2023)
- T.B. v. Town of Hempstead Animal Shelter and Town of Hempstead (2d Cir. 2022)
- Easley v. Animal Med. Ctr. (Appellate Division of the Supreme Court of New York 2018)
- Brinkman v. Marshall Field VI (Appellate Division of the Supreme Court of New York 2018)
- HARGRO, SONYA v. ROSS, SCOTT (Appellate Division of the Supreme Court of New York 2015)
- Bitonti v. McGeever (New York Supreme Court 2015)
- Hargro v. Ross (Appellate Division of the Supreme Court of New York 2015)
- Hargro v. Ross (Appellate Division of the Supreme Court of New York 2015)
- Cappellino v. Lake Huntington Summer Community Inc. (New York Supreme Court 2014)
- Hastings v. Sauve (N.Y. 2013)
- Sareyani-Coffey v. McAleer (Appellate Division of the Supreme Court of New York 2013)
- Sareyani-Coffey v. McAleer (Appellate Division of the Supreme Court of New York 2013)
- Hastings v. Sauve (Appellate Division of the Supreme Court of New York 2012)
- TENNANT, RANDY J. v. TABOR, DAVID (Appellate Division of the Supreme Court of New York 2011)
- ROCKWOOD, RUSSELL J. v. LABATE, JAMES (Appellate Division of the Supreme Court of New York 2011)
- Gannon v. Conti (Appellate Division of the Supreme Court of New York 2011)
- Levine v. Kadison (Appellate Division of the Supreme Court of New York 2010)
- Scerri v. Walsh (Appellate Division of the Supreme Court of New York 2010)
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
OPINION OF THE COURT
The order of the Appellate Division should be affirmed with costs.
*788 We held in Collier v Zambito (1 NY3d 444, 447 [2004]) that a plaintiff bitten by a dog could not recover because he was unable to show that the dog’s owner knew or should have known of the dog’s “vicious propensities.” In Bard v Jahnke (6 NY3d 592, 599 [2006]), we held that “when harm is caused by a domestic animal, its owner’s liability is determined solely by application of the rule articulated in Collier.”
Since there is no evidence in this case that the dog’s owner had any knowledge of its vicious propensities, the Appellate Division was correct in affirming the dismissal of the complaint against defendants. Plaintiffs claims against third-party defendant were also properly dismissed, because there is no evidence that third-party defendant was negligent.
Chief Judge Kaye and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.
Order affirmed, with costs, in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.