PETRONE v. FERNANDEZ

2007-00874.

2008 NY Slip Op 06198

MELANIE PETRONE, appellant, v. BERNARD FERNANDEZ, ET AL., respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided July 8, 2008.


Attorney(s) appearing for the Case

Michael A. Cervini, Jackson Heights, N.Y. (Robin Mary Heaney of counsel), for appellant.

Paganini Herling Cioci Cusumano & Farole, Lake Success, N.Y. (John J. Kearney of counsel), for respondent Bernard Fernandez.

Before: WILLIAM F. MASTRO, J.P., STEVEN W. FISHER, MARK C. DILLON, WILLIAM E. McCARTHY, JJ.


OPINION & ORDER

DILLON, J.

This case involves a United States Postal Service worker delivering mail, an unleashed dog, and an alleged chase resulting in injuries to the mail carrier. We are asked to clarify whether, under the current state of the law, the owner of a dog may be held liable to a plaintiff based upon an alleged violation of a local leash ordinance and the dog's behavior, even though the dog had not displayed any prior vicious propensities...

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