In this month's column we discuss a case in which the Court of Appeals declined to apply ordinary negligence principles to claims involving injuries caused by household pets. We also address a case in which the court determined that the statute of limitations in contractual securities “repurchase” claims starts running at the time of the contract, and finally, a case which clarified the circumstances in which a court may apply New York law despite a contractual choice of law provision calling for the application of the law of a different jurisdiction.

Liability for Domestic Pets

In companion cases Doerr v. Goldsmith and Dobinski v. Lockhart, a divided court found that plaintiffs may not obtain a recovery for injuries sustained as a result of a household pet owner's ordinary negligence. Both cases arose from injuries sustained by plaintiff-bicyclists who crashed into dogs that were in the roadway.

In Doerr, defendants were on opposite sides of the bicycle “loop” that runs through Central Park. As plaintiff approached on his bicycle, one defendant purportedly called her dog which was across the road with the other defendant. As the dog crossed the road, plaintiff hit the dog and was thrown from his bike, resulting in significant injuries. Plaintiff filed a negligence cause of action. The First Department granted one defendant's motion for summary judgment (reversing the trial court) finding that New York does not recognize a negligence cause of action to recover for injuries caused by a domestic animal.