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Stachelczyk v. McIvor

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 19, 1993
198 A.D.2d 895 (N.Y. App. Div. 1993)

Opinion

November 19, 1993

Appeal from the Supreme Court, Erie County, Wolfgang, J.

Present — Callahan, J.P., Green, Balio, Fallon and Boehm, JJ.


Judgment unanimously affirmed with costs. Memorandum: The evidence is sufficient to support the jury's finding that defendant's dog possessed vicious propensities and that defendant knew or should have known of those propensities (see, Muller v McKesson, 73 N.Y. 195; Wheaton v Guthrie, 89 A.D.2d 809, 810). We reject defendant's argument that the jury's damage award "deviates materially from what would be reasonable compensation" (CPLR 5501 [c]). We have examined defendant's remaining contentions and find them to be lacking in merit.


Summaries of

Stachelczyk v. McIvor

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 19, 1993
198 A.D.2d 895 (N.Y. App. Div. 1993)
Case details for

Stachelczyk v. McIvor

Case Details

Full title:PATRICK H. STACHELCZYK, Individually and as Parent and Natural Guardian of…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Nov 19, 1993

Citations

198 A.D.2d 895 (N.Y. App. Div. 1993)
605 N.Y.S.2d 1003