October 9, 2019

DSB was successful in moving for summary judgment on behalf of a Suffolk County homeowner relative to a “dog bite” incident. Plaintiff, a bicyclist, claimed to have been injured when defendant’s dog broke free from its retractable leash, chasing plaintiff and causing plaintiff to fall from his bicycle. The Court determined that the defendant did not have notice of the dog’s alleged vicious propensities and, further, that any alleged violation of the local “leash law” did not confer liability against defendant as New York law does not recognize a common law negligence cause of action for injuries caused by a domestic animal.