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Fourth Department – Dog bite: Flanders v. Goodfellow

New York State Supreme Court, Appellate Division, Fourth Judicial Department

Dog bite

Knowledge of vicious propensities

Flanders v. Goodfellow

CA 22-01292

Appealed from Supreme Court, Onondaga County

Background: The plaintiff was bit on the shoulder by the defendants’ dog when it escaped from their house while the plaintiff was delivering a package. The plaintiff appealed from a motion for summary judgment dismissing his cause of action.

Ruling: The Appellate Division affirmed. The court held that the defendants met their burden of proof demonstrating that they neither knew nor had reason to know of the dog’s allegedly vicious propensities and the plaintiff failed to raise a triable issue of fact in opposition.

Matthew J. Kaiser, of William Matter, for the plaintiff-appellant; Michael P. Schug, of Santacrose, Frary, Tomko, Diaz-Ordaz & Whiting, for the defendants-respondents.

Oral argument video