SCHWARTZ v. ERPF ESTATE


255 A.D.2d 35 (1999)

688 N.Y.S.2d 55

Thomas Schwartz et al., Respondents, v. Armand Erpf Estate et al., Appellants, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, First Department.

April 13, 1999


Attorney(s) appearing for the Case

James L. Forde of counsel (Charles Krupin, P. C., attorney), for respondents.

Danielle M. Regan of counsel (Hoey, King, Perez, Toker & Epstein, attorneys), for appellants.

ELLERIN, P. J., RUBIN and MAZZARELLI, JJ., concur.


SAXE, J.

Over the years, the intersection of animals, people and the law has spawned a tort recovery doctrine known as the rule of vicious propensity (see, Benoit v Troy & Lansingburgh R. R. Co., 154 N.Y. 223, 225; Brown v Willard, 303 N.Y. 727). Under this rule, a person who is bitten, clawed, pecked, scratched, or mauled by a domestic animal could obtain...

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