Smith v. Reilly

New York Court of Appeals
Smith v. Reilly, 957 N.E.2d 1149 (N.Y. 2011)
17 N.Y.3d 895; 933 N.Y.S.2d 645; 2011 NY Slip Op 7478
Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones Concur in Memorandum

Smith v. Reilly

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, defendant’s motion for summary judgment dismissing the *896 complaint granted and the certified question answered in the negative.

Defendant’s submissions establish that she had no knowledge of her dog’s alleged propensity to interfere with traffic. Defendant testified that the dog had never before chased cars, bicycles or pedestrians or otherwise interfered with traffic. Testimony that the dog, on three to five occasions, escaped defendant’s control, barked, and ran towards the road is insufficient to establish a triable issue of material fact (see Collier v Zambito, 1 NY3d 444, 446 [2004]).

Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur in memorandum.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, etc.

Reference

Full Case Name
John F. Smith Et Al., Respondents, v. Marijane Reilly, Appellant
Cited By
20 cases
Status
Published