GILG v MANZELLA

Holding The court granted summary judgment to the defendants on the strict liability claim due to a lack of evidence regarding the dog’s prior vicious propensities and rejected the plaintiff’s expert opinion as conclusory. While summary judgment was granted to the former owner and the pet store, the court denied summary judgment to the current owner’s estate, finding genuine issues of fact regarding negligence in controlling the dog.

The court’s words

Based upon my 45-plus years of experience with dogs, I can state with more than a reasonable degree of certainty in the field of canine behavior that ‘Hades’ the Pit Bull in this case exhibited vicious propensities long before the date of the incident

89 Misc 3d 1086, at the official text

such experience, even if true, does not magically substitute as a factual basis for the opinion itself

89 Misc 3d 1086, at the official text

Mr. Brandau’s opinion that ‘Hades the Pit Bull exhibited vicious propensities long before the date of the incident,’’ has no basis in fact and is both speculative and conclusory

89 Misc 3d 1086, at the official text

an animal friendly pet store meets its duty to protect customers by requiring that all animals be leashed

89 Misc 3d 1086, at the official text