New York Court of Appeals
Melanie Petrone, Respondent v. Bernard Fernandez, Defendant, and James McCloy, Appellant
June 9, 200912 N.Y.3d 546
Summary
The New York Court of Appeals held that a negligence cause of action based solely on a violation of a local leash ordinance is unavailable when the owner lacks knowledge of a dog’s vicious propensities. Accordingly, the Court reversed the Appellate Division and reinstated the summary‑judgment dismissal of the negligence claim.