BERNSTEIN v. PENNY WHISTLE TOYS, INC.


40 A.D.3d 224 (2007)

834 N.Y.S.2d 173

DANIELLE BERNSTEIN, an Infant, by Her Father and Natural Guardian, ROGER BERNSTEIN, et al., Appellants, v. PENNY WHISTLE TOYS, INC., et al., Respondents and Third-Party Plaintiffs. CAROL AXEL WEINER, Third-Party Defendant-Respondent.

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

Decided May 1, 2007.


Plaintiffs seek to recover for injuries attributable to a dog bite. In view, however, of the absence of any evidence that the dog in question exhibited a vicious propensity prior to the incident involving the infant plaintiff, no triable issue was raised (Bard v Jahnke, 6 N.Y.3d 592 [2006]).

In our view, the Court of Appeals has squarely spoken on this issue in finding that "when harm is caused by a domestic animal, its owner...

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