George M. Heymann
In Cantore v. Costantine, (2023 NY Slip Op 05708), the Appellate Division, Second Department, had the opportunity to review the background of the “vicious propensities” rule as the standard by which an individual can be sued for injuries caused by domesticated animals over which they have full (own) or partial control (harboring the animal for someone else).
More specifically, the court focused on the recent Court of Appeals’ decision in Hewitt v. Palmer Veterinary Clinic, (35 NY3d 541[2020]) which deviated from the strict liability norm.
