Category Archives: Animals

Court Decides in Whose Custody the Pet’s Best Interests Would Be Served  

Pursuant to DRL §236(B)(5)(15), in awarding possession of a companion animal in a divorce action the court should consider the best interest of the animal. On April 18, 2023 a hearing was held to determine custody of the parties’ dog,  King. Custody was sought by both William Conte and Teresa Conte.

The parties to the divorce action had been living apart since July 17, 2022 when William was directed to vacate the marital residence pursuant to an order of protection in favor of Teresa. At that time, the parties had two dogs: King and Ruby, a miniature Pinscher.

Was Pet’s  Owner Liable for Common Law Negligence?

Francisco Murga sued to recover damages for personal injuries he allegedly sustained as a result of an encounter with a dog owned by Richard Yarusso. Yarusso moved for summary judgment dismissing Murga’s complaint.  Supreme Court granted the motion. Murga appealed.

Murga testified at his deposition that he was walking in the street for exercise, when the dog ran from Yarusso’s property into the street and pushed him to the ground. The dog did not bite Murga. Murga described the dog as acting like “a big puppy” and thought that the dog was trying to play with him. By contrast, at his deposition, Yarusso testified that his dog was running in his front lawn to catch a ball that the he had thrown; the dog did not go into the street or have contact with the Murga; and that he believed that Murga tripped upon seeing his dog.

Was County Liable For Injuries to70 Year Old With Pacemaker?

Dennis Cannizzaro and his wife sued Westchester County to recover damages for personal injuries he allegedly sustained after falling off the “Derby Racer,” an amusement park ride that is owned and operated by the County. The Derby Racer had been in operation since 1928, and was described as a fast-moving carousel with wooden horses that move up and down as the ride spins around a stationary center console. Riders were instructed to place their feet into stirrups located on each side of the wooden horse and to lean to the left, towards the center console, so as to counteract the centrifugal force created as the ride spinned. Each horse was also equipped with a metal handlebar for the rider to hold. Cannizzaro, who was 70 years old at the time of the accident and had a pacemaker, testified at his deposition that he had ridden the Derby Racer on at least two prior occasions before the day of the accident without incident, but that on that day he was unable to hold himself on the wooden horse he had chosen and was “thrown” to the right onto the walkway that surrounds the Derby Racer when the ride reached “full speed.”

Who Was Liable to Newhouse For Her Equestrian- Related Injuries?

Stephanie Kelly-Newhouse sued Chase Meadows Farm, LLC, Martini & Associates LLC and Rhianon LLC for damages for personal injuries she sustained  while riding her horse in an outside ring on the equestrian facility owned by Chase Meadows and leased to Rhiannon, with which she boarded her horse. Newhouse alleged that she fell off her horse, which was allegedly spooked by objects allegedly being thrown off a building owned by Chase Meadows on which Martini was allegedly performing work.  All of the defendants made motions for summary judgment dismissing the complaint.

In support of its motion, Martini offered the deposition testimonies of the parties. Newhouse testified that she was boarding one of her horses at Chase Meadows for about a month prior to the accident. Rhiannon was running the equestrian program at Chase Meadows. While she was riding the horse in the ring, an unknown roofer that she could not identify, purportedly threw building debris off the roof while she was on the horse, which made a very loud sound, causing the horse to be startled and to leap sideways.

This was originally published on the SGR Blog.

Court Decides If Email From Management Company & Attorneys Was Privileged

Michele and John Kijek sought an order compelling the Board of Managers of Lakeside of Bedford Condominium (“BMLBC”) and Katonah Management Group, Inc. (“KMG”) to disclose: (1) complete and unredacted copies of any and all emails between the Condominium and Shapiro, Gettinger Waldinger & Montelone, LLP (including all attorneys and/or employees of such law firm, including but not limited to Steven Waldinger and Jennifer Catalanotto) and the Management Group (including but not limited to Andrea Morse, Stephen Brussels, Bryan Hao, Dean Sterino, Jeanne Casarini and Sylvia Padrevita for the year of 2016), and (2) that a search be performed in the email history of Andrea Morse, Jeanne Cassarini, Stephen Brussels, Sylvia Padrevita, Rosemary Capone, Jim Stakebake, Jerry Moskowitz, Laurie Hilliard, and Bill Lang for any emails related to the incidents described in the complaint.

The Kijek’s alleged that Lynn West and Stanley West were tenants of Jane McConnell, the owner of condominium Unit 1005 and asserted that, on July 29, 2016, the Wests owned a certain dog named Harrison or “Harry” which attacked their daughter, Sydney Woodard, and their dog known as “Cooper” in the vicinity of the Wests’ condominium, causing her injuries and injuries to “Cooper.” On October 1, 2016, the Wests’ dog attacked Michele Kijek causing her personal injuries.