Archives

DOG BITES: Landlord Liability

New Yorkers love dogs.  But living in a large urban area where many residents have dogs has a potential downside- dog bites.  Sometimes a dog will escape an apartment or leave a property and, whether being frightened or simply aggressive, ends up biting someone.  Unfortunately, many of the dog owners in NYC are renters, do not carry insurance
Read More

DOG BITE CASES: Proof of Vicious Propensity

For nearly 200 years, the law of New York has been that the owner of a domestic animal who either knows or should have known of that animal's vicious propensities will be held responsible for any harm the animal causes as a result of those propensities. See e.g. Vrooman v Lawyer, 13 Johns 339 ; Hosmer v Carney, 228 NY 73, 75 ; see also,
Read More

CAR STOPS – “Failure To Signal” new predicate for car stops

Any criminal practitioner in recent years has seen a proliferation of the latest "catch all" predicate police allege for making a car stop: the defendant failed to signal.  It is a clever predicate in that, unlike the allegation of mechanical issues such as a broken tail light, it is nearly impossible to disprove. Moreover, in light  of the
Read More

Myers & Galiardo LLP