Carey, et al. v. Schwab, No. 516021, 2013 N.Y. App. Div. LEXIS 5280 (N.Y. Sup. Ct. Jul. 18, 2013)

(plaintiff attempted to assist defendant in corralling defendant’s horse, but was injured in the process when horse spooked; defendant moved for summary judgment on basis that defendant had no notice of horse’s vicious propensities or history of dangerous behavior; ; motion denied; on appeal, court affirmed; conflicting testimony present about the horse’s propensities; defendant couldn’t establish absence of knowledge of vicious propensities sufficient to be awarded summary judgment motion; case proceeds, with plaintiff bearing burden to establish that defendant had notice of horse’s vicious propensities).