Legal Question in Real Estate Law in New York

Dog running at large

I am being taken into court by a beighbor who claims he has pictures of my dog jumping my six foot high stockade fense and urinating in his yard. I appeared for the initial hearing and pled not guilty. It is being scheduled for a bench trial. Can they use pictures (if they have them) if they were taken of my property? Can I be prosecuted on something a neighbor claims my dog did?


Asked on 2/17/04, 9:15 pm

4 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: Dog running at large

You are responsible for anything your dog does on a neighbor's property. You could also be responsible for allowing your dog to roam off a leash, if there is a municipal ordinance covering this. A stockade fence does not restrict the dog's movements. If property damage has taken place (like killing a lawn) you could be sued to replace it. If the person who took the pictures is the one who presents them in court, so they can testify as to their accuracy and be cross-examined about them, they can be used in Court. Only the person who took the pictures can testify.

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Answered on 2/19/04, 12:12 pm
Arnold Nager Arnold H. Nager, Esquire

Re: Dog running at large

The good news is that the fine, if any, for a first offence is probably less than it would cost you to hire a lawyer to represent you.

My comments are based on treating your question as a hypothetical. Accordingly, my comments could be substantially and materially different were I advised of all of the relevant facts and circumstances. My comments are by necessity general in nature, and should not be relied upon in taking or forgoing action in your circumstances without retaining an attorney. In order to fully explore your legal matter, you should meet with me or another attorney and bring to any such meeting all relevant documents and correspondence, and any other relevant facts.

I am not hired to be your attorney, and no attorney-client relationship exists between us, unless and until you enter into a written retainer agreement with me, tender the agreed amount for a retainer and it is accepted by me. I reserve the right to decline representation should circumstances change.

As you are aware, in New York there are various deadlines for filing a complaint, filing an answer to a complaint, or taking other action in order to preserve your legal rights, and avoid a complete loss of those rights. You should retain counsel immediately in order to be fully advised of your rights, and to be fully informed of the applicable time period within which those rights must be asserted. If you were to delay in doing so, it might result in your potential cause of action being forever barred.

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Answered on 2/20/04, 11:23 pm
Robert R. Groezinger GroezingerLaw P.C.

Re: Dog running at large

This is more a litigation question than a real etstate one. But yes, the photos can be used if a legal foundation for them exists, i.e. do they fairly and accurately represent what was going on. And yes, you have an obligation to control your animals if it is proven that you did not.

Good Luck

RRG

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Answered on 2/17/04, 9:42 pm
Richard Roberts Richard A. Roberts, Esq.

Re: Dog running at large

Yes, the pictures can be used if properly authenticated and yes, under certain circumstances you can be prosecuted for the behavior of your dog.

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Answered on 2/17/04, 10:37 pm


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