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Notice of Claim required for suit against Neighbor

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#1
What is the name of your state? NY

Want to sue the neighbor potentially (after I get done suing the Town), for a dangerous dog, which has attacked twice, without any serious injuries or "bites", just blood.

However, neighbor lied and claimed they had an electronic fence, failed to secure the dog, and it has harassed me ever since, thus I walk around with pepper spray, because the dog is unattended, unsecured, and the Town failed to take any action resulting in additional attacks. Some kind of pissing match between the Town Police and Dog Control, so neither ever did anything. Pursuing civil violations against the municipality for their failure to act.

Meanwhile, neighbor, who is a renter, put up a spite fence, trampling my beautiful gardens, landscaping, etc., on my property. Again, despite violating zoning laws, the Town refused to respond, based on the advice of their attorney (who is pretty clueless, and clearly doesn't understand civil rights violations in relation to denial of procedural due process). I digress.

To make a long story short, I need to know if I have to file a Notice of Claim against the neighbor, or if this is only required for the municipality. Can't find this information anywhere. There is some indication that dog bites don't even have a statute, period, in NY, where the personal injury statute is usually 3 years. I want to protect myself, so I could serve him anyway, as well as the homeowner. But otherwise want him to think he's getting away with something as I gather the evidence, as the trespass violations rack up money damages on a weekly basis, for every week the fence is left after he was told to remove it.
 


not2cleverRed

Obvious Observer
#4
1) Report the attack to police. If the dog is not properly restrained by the owner when off the owner's (leased)property, report it to code enforcement. Additionally, since this is a renter, also inform the landlord in writing of your complaint.

2) Regarding the damaged landscaping: you could have gotten an estimate for restoring it after the trampling damage, and sued in small claims for the damages due to trespassing. Additionally, make sure that the fence was erected in accordance with municipal code regarding lot lines. If the fence is on your side of the lot line, or too close, place a complaint with the property owner and proceed from there.

I disagree with others on the certainty of the town attorney's competence. I live in NY, and the town attorney for my town is far from first rate.
 
#5
I disagree with others on the certainty of the town attorney's competence. I live in NY, and the town attorney for my town is far from first rate.
So you think the town has committed some sort of civil rights violation based on the OP's post?

EDIT: On re-reading exactly what you posted I should have written, even if the town attorney is of questionable competence he knows more about civil rights law than the OP.
 
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#6
I don't see anything in the OP's post that indicates that his "civil rights" have been violated.

after I get done suing the Town. Pursuing civil violations against the municipality for their failure to act.
My guess is that you'll get nowhere suing the town so don't waste your time and money. Your beef is with the neighbor for letting his dog run loose.

There is some indication that dog bites don't even have a statute, period, in NY, where the personal injury statute is usually 3 years
NY does have a dog bite law. It's explained at the following site and there is a link to the statute provided.

https://dogbitelaw.com/mixed-dog-bite-statute-states/new-york-dog-bite-law

A dog bite lawsuit would be subject to the statute of limitations for any personal injury lawsuit.

I need to know if I have to file a Notice of Claim against the neighbor
Depends. Are you suing for money? How much money? Small claims? Higher court? If you can pick an amount to sue for, a demand letter is advisable. Then follow up with your lawsuit after the deadline for payment passes. I don't know if NY courts require that or not. You'll have to look up your local court's procedures.

I walk around with pepper spray
Ordinarily I would suggest something more final but it occurs to me that it's not the dog's fault for the way he is, it's the owner's fault. Too bad you can't pepper spray the owner (without consequences) instead of the dog. ;)
 
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TigerD

Senior Member
#7
... the dog is unattended, unsecured...
Amazing to think that something hasn't happened to that dog causing it to run away or something. But then, the OPs story isn't that believable either.

Have you considered treating the dog to a steak and a beer. Maybe having a boys night of it. Howl at the moon together and bury the hatchet. Perhaps try licking his ear.

TD
 

HighwayMan

Super Secret Senior Member
#11
My experience after having dogs for many years and volunteering at a shelter for the last 5 is that it's a bit difficult to get scratched by a dog, but that's just my point of view. (except maybe if you're wearing shorts and they jump you - maybe).
 
#12
My experience after having dogs for many years and volunteering at a shelter for the last 5 is that it's a bit difficult to get scratched by a dog, but that's just my point of view. (except maybe if you're wearing shorts and they jump you - maybe).
My dog scratched a neighbor and drew blood. Long nails.

Neighbor put his hands out and said “come here”. One year old puppy took that as an invitation to jump up
 

quincy

Senior Member
#13
My experience after having dogs for many years and volunteering at a shelter for the last 5 is that it's a bit difficult to get scratched by a dog, but that's just my point of view. (except maybe if you're wearing shorts and they jump you - maybe).
We always get scratched when we take one of our dogs in the car. He absolutely hates traveling. And the scratches have drawn blood.

When we have to take him to the vet's office, we dress in hazmat suits. :)

Otherwise he is a friendly dog and has never bitten anyone.
 
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