Summary:
Plaintiff was awarded $100,000 for past pain and suffering and $200,000 for future pain and suffering after she was bitten in the face by Defendant's dog. Defendant appealed on the basis that the jury award for future pain and suffering was unreasonable compensation. The Appellate Division of the Supreme Court modified the judgment to be $75,000 for past pain and suffering after Plaintiff stipulated to the decrease.
Summary:
Defendant was convicted for violating the anti-cruelty statute toward animals. On appeal, the Court held that the statute was not unconstitutionally vague when applied to defendant's crimes. Motion denied.
Summary:
A son obtained a dog from defendant for his father to have as a pet. The dog bit the father and the father sued defendant for failing to warn him of the dog's vicious propensities. The Court held the defendant did not owe the second transferee of the dog a duty to warn and granted summary judgment in favor of defendant.
Summary:
Plaintiff was kicked by a horse ridden by her friend while trail riding. Plaintiff sued the Defendant who owned the horse and trail Plaintiff was riding on. The trial court granted summary judgment in favor of the Defendant and the Court of Appeals affirmed the decision holding Plaintiff assumed the risk.
Summary:
A subcontractor was injured at a dairy farm he was working at when he was pinned up against a stall by a bull . The subcontractor brought claims against the dairy farm and carpenter for negligence and strict liability. The trial court granted summary judgment in favor of the defendants and the Court of Appeals affirmed.
Summary:
The owner of a horse was guilty of cruelty to animals for continuing to work a horse he knew was limping. The court found that defendant owner was aware that the horse was unfit for labor, and was thus guilty of violating N.Y. Agric. & Mkts. Law § 353 for continuing to work her.
Summary:
A woman fell from a horse during a riding lesson when her horse was frightened. The woman brought claims against the riding facility and riding instructor for negligence. The trial court granted summary judgment in favor of the defendants and the Court of Appeals affirmed reasoning horses becoming frightened is an inherent risk when riding.
Summary:
A dog breeder was required to abstain from selling dogs for three years or else criminal charges would be reinstated for failing to file health certificates for the dogs they sold or report deaths due to contagious diseases. The breeder brought claims for malicious prosecution, tortious interference with a business relation, and section 1983 violations. The trial court denied defendants motion to dismiss and the Court of Appeals affirmed in part holding the complaint failed to state a claim for malicious prosecution and the humane society volunteer was entitled to statutory immunity as an unpaid officer of a not-for-profit corporation.
Summary:
Plaintiff sought both declaratory and injunctive relief against the American Kennel Club (AKC) for use of standards in dog show competitions for Brittany Spaniel dogs that require the docking of their tails. The issue in this appeal is whether Agriculture and Markets Law § 353 grants plaintiff, who wishes to enter his dog and compete without penalty in breed contests, a private right of action to preclude defendants from using a standard that encourages him to "dock" his Brittany Spaniel's tail. The Court of Appeals concluded that it would be inconsistent with the applicable legislative scheme to imply a private right of action in plaintiff's favor because the statute does not, either expressly or impliedly, incorporate a method for private citizens to obtain civil relief. In light of the comprehensive statutory enforcement scheme, recognition of a private civil right of action is incompatible with the mechanisms chosen by the Legislature.
Summary:
A woman was horseback riding at a ranch in New York and was injured when she fell off the horse. The woman had signed a Horse Rental Agreement and Liability Release Form before the accident. The court determined that the rider assumed the risk of injury and the lower court's decision to deny defendant's motion for summary judgment was reversed.
