Spira v. Malicki

Appellate Terms of the Supreme Court of New York

Spira v. Malicki

133 Misc. 182

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 15, 1928

StatusPublished

This text of 133 Misc. 182 (Spira v. Malicki) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Spira v. Malicki, 133 Misc. 182 (N.Y. Ct. App. 1928).

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Opinions

Per Curiam.

To render the defendant liable plaintiff was required to show that the dog was on the street unmuzzled either with, defendant’s knowledge or because the defendant had failed to use proper care to keep the dog indoors. The rule that a violation of an ordinance is some evidence of negligence had no application under the facts disclosed by the testimony.

Judgment reversed, with thirty dollars costs, and complaint dismissed on the merits, with costs.

Delehanty and Crain, JJ., concur; Lydon, J., dissents.

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Per Curiam.

To render the defendant liable plaintiff was required to show that the dog was on the street unmuzzled either with, defendant’s knowledge or because the defendant had failed to use proper care to keep the dog indoors. The rule that a violation of an ordinance is some evidence of negligence had no application under the facts disclosed by the testimony.

Judgment reversed, with thirty dollars costs, and complaint dismissed on the merits, with costs.

Delehanty and Crain, JJ., concur; Lydon, J., dissents.

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Bluebook (online)

133 Misc. 182, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spira-v-malicki-nyappterm-1928.

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