Majority
p. 895Patrick H. Stachelczyk, Individually and as Parent and Natural Guardian of Jennifer M. Stachelczyk, an Infant, Respondent, v Allen McIvor, Appellant. (Appeal No. 1.) [605 NYS2d 1003]
—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 NY 195 ; Wheaton v Guthrie, 89 AD2d 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. (Appeal from Judgment of Supreme Court, Erie County, Wolfgang, J. — Negligence.) Present — Callahan, J. P., Green, Balio, Fallon and Boehm, JJ.
Cases cited
- Muller v. McKesson 73 NY 195 p. 895
- Wheaton v. Guthrie 89 AD2d 809 at 810 p. 895