1. Home
  2. Browse Decisions
  3. N.Y.3d
  4. 1 N.Y.3d
  5. 1 N.Y.3d 444 (2004)
 

COLLIER v. ZAMBITO

1 N.Y.3d 444 (2004)

807 N.E.2d 254

775 N.Y.S.2d 205

ANDREA COLLIER, as Parent and Natural Guardian for MATTHEW COLLIER, an Infant, Appellant, v. CHARLES ZAMBITO et al., Respondents.

Court of Appeals of the State of New York.

Decided February 17, 2004.

Attorney(s) appearing for the Case

Karpinski, Stapleton, Galbato & Tehan, P.C., Auburn (David G. Tehan of counsel), for appellant.

Williamson, Clune & Stevens, Ithaca (Allan C. VanDeMark of counsel), for respondents.

Chief Judge KAYE and Judges GRAFFEO and READ concur with Judge CIPARICK; Judge G.B. SMITH dissents and votes to reverse in a separate opinion in which Judge ROSENBLATT concurs; Judge R.S. SMITH taking no part.

OPINION OF THE COURT

CIPARICK, J.

Defendants Charles and Mary Zambito own Cecil, a beagle-collie-rottweiler mixed breed dog that they keep as a family pet. Defendants customarily confined Cecil to the kitchen area, behind a gate, when they were away from home and when visitors came, because he would bark. On the night of December 31, 1998, 12-year-old Matthew Collier was a guest of the defendants' son, Daniel. He had been to the defendants' home on several...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases