1. Home
  2. Browse Decisions
  3. N.Y.3d
  4. 10 N.Y.3d
  5. 10 N.Y.3d 787 (2008)
 

BERNSTEIN v. PENNY WHISTLE TOYS, INC.

10 N.Y.3d 787 (2008)

886 N.E.2d 154

856 N.Y.S.2d 532

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. (And a Third-Party Action.)

Court of Appeals of the State of New York.

Decided March 18, 2008.

Attorney(s) appearing for the Case

Rappaport, Glass, Greene & Levine, LLP, New York City (James L. Forde of counsel), for appellants.

Carol R. Finocchio, New York City, Lisa M. Comeau, and Law Offices of John P. Humphreys, for respondents.

Hawkins, Feretic, Daly & Maroney, New York City (Brian J. Daly of counsel), for third-party defendant-respondent.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed with costs.

We held in Collier v Zambito (1 N.Y.3d 444, 447 [2004]) that a plaintiff bitten by a dog could not recover because he was unable to show that the dog's owner knew or should have known of the dog's "vicious propensities." In Bard v Jahnke (

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