Preview
FILED: WESTCHESTER COUNTY CLERK 04/30/2024 03:58 PM INDEX NO. 55500/2023
NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 04/30/2024
EXHIBIT C
FILED: WESTCHESTER COUNTY CLERK 04/30/2024
10/12/2023 03:58
03:57 PM INDEX NO. 55500/2023
NYSCEF DOC. NO. 96
56 RECEIVED NYSCEF: 04/30/2024
10/12/2023
SUPREME COURT STATE OF NEWYORK
COUNTY OF WESTCHESTER
-----------------------------------------------------------------X
SARAH DAVIS, Index No.: 55500/2023
Plaintiff,
-against-
VERIFIED AMENDED
COURTNEY BELLEW and TIMOTHY BELLEW, COMPLAINT
Defendants.
-----------------------------------------------------------------X
Plaintiff SARAH DAVIS, by her attorneys, EDELMAN & EDELMAN, P.C.,
complaining of the defendants COURTNEY BELLEW and TIMOTHY BELLEW hereby
allege the following, upon information and belief:
ALLEGATIONS COMMON TO ALL CAUSES OF ACTION
1. That on September 16, 2022 and currently Plaintiff, SARAH DAVIS, was and
still is a resident of the City of White Plains, County of Westchester, State of New York.
2. That on September 16, 2022 and currently, the defendant, COURTNEY
BELLEW and TIMOTHY BELLEW, were and still are residents of the City of White Plains,
County of Westchester, State of New York.
3. That on September 16, 2022 COURTNEY BELLEW and TIMOTHY
BELLEW owned the premises known and designated at 21 Sherman Ave. in the City of White
Plains, County of Westchester, State of New York.
4. That on and before September 16, 2022 COURTNEY BELLEW was, and still
is, an officer, agent and/or employee of ADOPT-A-DOG, INC. performing her work and
services for that entity at the shelter location 23 Cox Avenue, in the Hamlet of Armonk, Town of
New Castle, County of Westchester, State of New York.
5. That on and before September 16, 2022 COURTNEY BELLEW was the
Executive Director of the aforesaid ADOPT-A-DOG, INC. shelter.
1 of 14
FILED: WESTCHESTER COUNTY CLERK 04/30/2024
10/12/2023 03:58
03:57 PM INDEX NO. 55500/2023
NYSCEF DOC. NO. 96
56 RECEIVED NYSCEF: 04/30/2024
10/12/2023
DAVIS V. BELLEW PLAINTIFF’S VERIFIED COMPLAINT
6. That on and before September 16, 2022 COURTNEY BELLEW and
TIMOTHY BELLEW were the registered owners of a certain Pitbull dog.
7. That on and before September 16, 2022 COURTNEY BELLEW and
TIMOTHY BELLEW were the custodians of, and had custody of a certain Pitbull dog named
“Betsey”.
8. That on or before September 16, 2022 COURTNEY BELLEW and TIMOTHY
BELLEW took custody and control of a certain Pitbull when she took that dog to her residence
at 21 Sherman Avenue, in the City of White Plains, County of Westchester, State of New York
home from the aforesaid ADOPT-A-DOG, INC. shelter located in Armonk, New York.
9. That on or before September 16, 2022 COURTNEY BELLEW and TIMOTHY
BELLEW took the subject Pitbull from the ADOPT-A-DOG, INC. shelter to her home at 21
Sherman Avenue, White Plains, New York, thereby taking custody of the subject Pitbull.
10. That on and before September 16, 2022 defendants COURTNEY BELLEW and
TIMOTHY BELLEW had the duty and obligation to properly conduct a thorough background
search about the temperament and prior behavior of the subject Pitbull, specifically with regard
to whether it was designated as a “dangerous” dog and with regard to its prior vicious acts,
vicious propensities and dangerous behavior.
11. That on September 16, 2022 the City of White Plains Municipal Code had then
and there existing codified regulations applicable to those owning and having possession and
custody of dogs.
12. That on and before September 16, 2022 the Defendants were obligated and
dutybound to be aware of, and abide the City of White Plains Municipal Code provisions
regarding those owning and having possession and custody of dogs within the City of White
Plains.
13. That on and before September 16, 2022 the Defendants COURTNEY BELLEW
and TIMOTHY BELLEW knew or should have known about the provisions of the City of
White Plains Municipal Code and the “Dangerous Dog” statutes pertaining to the owning and
custody of dogs within the City of White Plains, County of Westchester and State of New York.
E D E L M A N & E D E L M A N , P.C. 6 1 B R O A D W A Y , S U I T E 2 2 2 0 , N E W Y O R K , N Y 1 0 0 0 6 2
2 of 14
FILED: WESTCHESTER COUNTY CLERK 04/30/2024
10/12/2023 03:58
03:57 PM INDEX NO. 55500/2023
NYSCEF DOC. NO. 96
56 RECEIVED NYSCEF: 04/30/2024
10/12/2023
DAVIS V. BELLEW PLAINTIFF’S VERIFIED COMPLAINT
14. That on September 16, 2022 the City of White Plains Municipal Code codified
regulations applicable to those owning and in possession and control of dogs, which code applied
to the defendants COURTNEY BELLEW and TIMOTHY BELLEW regarding the subject
Pitbull.
15. That on September 16, 2022 the White Plains “Leash Law” applied to
COURTNEY BELLEW and TIMOTHY BELLEW regarding the subject Pitbull while it
resided at the aforesaid ADOPT-A-DOG, INC. shelter in Armonk, New York and while it
resided at 21 Sherman Avenue in the City of White Plains, County and State of New York.
16. That on September 16, 2022 the City of White Plains Municipal Code codified
regulations applicable to those owning and in possession and control of dogs, which Section One
provided that “Dogs are not permitted to be at large other than in the owner's home or on the
premises of another person with his/her permission.”
17. That on September 16, 2022 the City of White Plains Municipal Code codified
regulations applicable to those owning dogs, which Section Two provided that “Dog owners
must have their dogs on leashes.”
18. That on September 16, 2022 the defendants COURTNEY BELLEW and
TIMOTHY BELLEW were owners of the subject dog within the meaning, and for the purpose
of application of the “Leash Law” within the White Plains Municipal Code.
19. That on and before September 16, 2022 the aforesaid Pitbull was a “Dangerous
Dog” pursuant to the Agriculture and Markets Law of the State of New York § 123, 123-a.
20. That prior to September 16, 2022 the subject Pitbull had been declared
“dangerous” pursuant to Agriculture and Markets Law of the State of New York § 123, 123-a.
21. That on September 16, 2022, in violation of the aforesaid “Dangerous Dog”
statute the Defendants COURTNEY BELLEW and TIMOTHY BELLEW failed to properly
confine the aforesaid dangerous dog to prevent its escape and to protect the public from
unauthorized contact with the dog, in that the dog was permitted to escape from the Defendant’s
residence at 21 Sherman Avenue, in the City of White Plains, County and State of New York.
E D E L M A N & E D E L M A N , P.C. 6 1 B R O A D W A Y , S U I T E 2 2 2 0 , N E W Y O R K , N Y 1 0 0 0 6 3
3 of 14
FILED: WESTCHESTER COUNTY CLERK 04/30/2024
10/12/2023 03:58
03:57 PM INDEX NO. 55500/2023
NYSCEF DOC. NO. 96
56 RECEIVED NYSCEF: 04/30/2024
10/12/2023
DAVIS V. BELLEW PLAINTIFF’S VERIFIED COMPLAINT
22. That on September 16, 2022, in violation of the aforesaid “Dangerous Dog”
statute the Defendants COURTNEY BELLEW and TIMOTHY BELLEW failed to properly
restrain the dog on a leash by an adult of at least twenty-one years of age whenever the dog was
on public premises, as it was at the time of the attack, described below, on the Plaintiff, SARAH
DAVIS.
23. That on September 16, 2022, defendants COURTNEY BELLEW and
TIMOTHY BELLEW, knew and/or should have known that the subject Pitbull was dangerous,
vicious and had propensities to track, lunge at, attack and bite people, without provocation.
24. That upon information and belief, when COURTNEY BELLEW took the
subject Pitbull to her residence at 21 Sherman Avenue, White Plains she knew, or should have
known, that the Pitbull was a “Dangerous Dog” and had vicious propensities.
25. That on or before September 16, 2022 when COURTNEY BELLEW and
TIMOTHY BELLEW took the subject Pitbull their home at 21 Sherman Avenue, White Plains,
she was dutybound to abide the White Plains Municipal Code by keeping that animal leashed
and under control when out in public.
26. That on September 16, 2022 COURTNEY BELLEW and TIMOTHY
BELLEW took control, care and custody of the subject Pitbull and in so doing were obligated to
comply with the White Plains “Leash Law” and the “Dangerous Dog” statute.
27. That on September 16, 2022 the Plaintiff was a pedestrian walking on the public
sidewalk on Macy Road in the City of White Plains, County of Westchester, State of New York.
28. That on September 16, 2022 the Plaintiff was taking her dog a Cavalier King
Charles, for a walk in the neighborhood of her home.
29. That on September 16, 2022 the subject Pitbull left the premises owned by
Defendant COURTNEY BELLEW and TIMOTHY BELLEW without a leash, in violation of
the City of White Plains “Leash Law”.
30. That on September 16, 2022 a Pitbull escaped from the COURTNEY BELLEW
and TIMOTHY BELLEW residence, due to the negligence and carelessness of the Defendants,
E D E L M A N & E D E L M A N , P.C. 6 1 B R O A D W A Y , S U I T E 2 2 2 0 , N E W Y O R K , N Y 1 0 0 0 6 4
4 of 14
FILED: WESTCHESTER COUNTY CLERK 04/30/2024
10/12/2023 03:58
03:57 PM INDEX NO. 55500/2023
NYSCEF DOC. NO. 96
56 RECEIVED NYSCEF: 04/30/2024
10/12/2023
DAVIS V. BELLEW PLAINTIFF’S VERIFIED COMPLAINT
without a leash and was on public property without a leash and without a person controlling the
Pitbull dog, in violation of White Plains ordinances.
31. That on September 16, 2022 the subject Pitbull escaped from the 21 Sherman
Avenue, White Plains residence unleashed and was uncontrolled roaming for blocks from the
residence, attacking the Plaintiff SARAH DAVIS without warning, from behind, blocks from
the 21 Sherman Avenue, White Plains residence of the Defendant COURTNEY BELLEW,
causing the Plaintiff personal injuries.
32. That on September 16, 2022 the subject Pitbull escaped from the 21 Sherman
Avenue, White Plains residence unleashed, and uncontrolled and roamed free in a public space,
tracked the Plaintiff SARAH DAVIS and her dog, acting as a predator for several blocks
stalking its victim until it suddenly and without warning, and without justification or provocation
attacked and latched onto the Plaintiff SARAH DAVIS, causing personal injuries.
33. That on September 16, 2022, in violation of the aforesaid “Dangerous Dog”
statute the Defendants failed to properly muzzle the dog whenever it is out in public spaces in a
manner that will prevent it from biting any person, as it was at the time of the attack on the
Plaintiff, SARAH DAVIS.
34. That on September 16, 2022, in violation of the aforesaid “Dangerous Dog”
statute the Defendants failed to prevent their dog from, without justification, attacking a person
causing serious physical injury as it did at the time of the attack on the Plaintiff, SARAH
DAVIS.
35. That on September 16, 2022, in violation of the aforesaid “Dangerous Dog”
statute the dog had known vicious propensities, as evidenced by a previous unjustified attack on
a person, which caused serious physical injury.
36. That on September 16, 2022, the subject Pitbull had a vicious disposition and had
vicious propensities.
37. That on and before September, 2022 the Defendants COURTNEY BELLEW
and TIMOTHY BELLEW knew that the subject Pitbull had a vicious disposition and had
vicious propensities.
E D E L M A N & E D E L M A N , P.C. 6 1 B R O A D W A Y , S U I T E 2 2 2 0 , N E W Y O R K , N Y 1 0 0 0 6 5
5 of 14
FILED: WESTCHESTER COUNTY CLERK 04/30/2024
10/12/2023 03:58
03:57 PM INDEX NO. 55500/2023
NYSCEF DOC. NO. 96
56 RECEIVED NYSCEF: 04/30/2024
10/12/2023
DAVIS V. BELLEW PLAINTIFF’S VERIFIED COMPLAINT
38. That on September 16, 2022 the Defendant COURTNEY BELLEW and
TIMOTHY BELLEW admitted that the dog was had escaped her home and was an aggressive
and territorial dog, when in public spaces.
39. That plaintiff did not contribute to the happening of the occurrence complained
of, by reason of any action or conduct on his part and was at all times free from culpable
conduct.
40. That the below three (3) Causes of Action come within one or more of the
exceptions as enumerated in §§ 1602(2)(iv) and 1602(7) of the CPLR.
41. That by reason of all the foregoing, plaintiff SARAH DAVIS has sustained
damages in each of the below three (3) Causes of Action which, after all applicable adjustments
pursuant to Article 50-B of the CPLR, which on each Cause of Action exceed the jurisdictional
limits of all lower courts in the State of New York.
FIRST CAUSE OF ACTION
[STRICT LIABILITY]
42. Plaintiff incorporates by reference herein all prior paragraphs as if fully set forth
herein.
43. That on September 16, 2022 the Defendants COURTNEY BELLEW and
TIMOTHY BELLEW violated the City of White Plains “Leash Law” and the “Dangerous
Dog” statute.
44. That the Defendants COURTNEY BELLEW and TIMOTHY BELLEW
violation of the City of White Plains Leash Law and the “Dangerous Dog” statute was the
proximate cause for the Plaintiff SARAH DAVIS being attacked, bitten and sustaining severe
personal injuries.
45. That the aforesaid September 16, 2022 unprovoked act of the said Pitbull on
innocent SARAH DAVIS constituted a vicious attack that endangered her safety as a pedestrian
lawfully and peacefully walking on the public sidewalk.
E D E L M A N & E D E L M A N , P.C. 6 1 B R O A D W A Y , S U I T E 2 2 2 0 , N E W Y O R K , N Y 1 0 0 0 6 6
6 of 14
FILED: WESTCHESTER COUNTY CLERK 04/30/2024
10/12/2023 03:58
03:57 PM INDEX NO. 55500/2023
NYSCEF DOC. NO. 96
56 RECEIVED NYSCEF: 04/30/2024
10/12/2023
DAVIS V. BELLEW PLAINTIFF’S VERIFIED COMPLAINT
46. That Pitbull’s prior vicious behavior and vicious propensities was known, or
should have been known, to the defendants COURTNEY BELLEW and TIMOTHY
BELLEW.
47. That on September 16, 2022 at the time the subject Pitbull attacked the Plaintiff
SARAH DAVIS, the Defendants COURTNEY BELLEW and TIMOTHY BELLEW violated
the White Plains “Leash Law.”
48. That the violations of the White Plains “Leash Law” and Dangerous Dog statute
Defendants COURTNEY BELLEW and TIMOTHY BELLEW and the defendants knowledge
about the dogs prior vicious disposition and attacks were substantial factors in causing the
subject attack on, and injuries sustained by, the Plaintiff, SARAH DAVIS.
49. That the aforesaid violations cast the defendants COURTNEY BELLEW and
TIMOTHY BELLEW strictly liable for the attack and injuries sustained by the Plaintiff,
SARAH DAVIS.
50. That by reason of the happening of the occurrence complained of, plaintiff
SARAH DAVIS sustained severe personal injuries, pain, suffering, disability, deformity, the
need for medical attention, treatment, medications, and therapies. Plaintiff incurred a diminution
in the enjoyment of life and life’s pleasures and benefits. Plaintiff was caused to incur expenses
for medical treatment and related matters.
51. That by reason of the foregoing, the plaintiff demands judgment against
defendants COURTNEY BELLEW and TIMOTHY BELLEW, in monetary amounts in
compensatory damages together with interest, the costs and disbursements of this action, which
exceed the jurisdictional limits of all lower courts.
SECOND CAUSE OF ACTION
[NEGLIGENCE]
52. Plaintiff incorporates by reference herein paragraphs 1-9 above as though fully
set forth herein.
E D E L M A N & E D E L M A N , P.C. 6 1 B R O A D W A Y , S U I T E 2 2 2 0 , N E W Y O R K , N Y 1 0 0 0 6 7
7 of 14
FILED: WESTCHESTER COUNTY CLERK 04/30/2024
10/12/2023 03:58
03:57 PM INDEX NO. 55500/2023
NYSCEF DOC. NO. 96
56 RECEIVED NYSCEF: 04/30/2024
10/12/2023
DAVIS V. BELLEW PLAINTIFF’S VERIFIED COMPLAINT
53. That on September 16, 2022 defendants COURTNEY BELLEW and
TIMOTHY BELLEW by its officers, agent and/or employee were duty bound and obligated to
keep the Pitbull leashed and under control, when out in public.
54. That on September 16, 2022, defendants COURTNEY BELLEW and
TIMOTHY BELLEW breached their duties and obligations to keep the Pitbull leashed and
under control, when out in public.
55. That on and prior to September 16, 2022 defendants COURTNEY BELLEW
and TIMOTHY BELLEW knew, or should have known, that the Pitbull dog was vicious and
had vicious propensities.
56. That on and before September 16, 2022 the defendants COURTNEY BELLEW
and TIMOTHY BELLEW breached their duties and obligations to properly and thoroughly
assess, and protect the public from, the vicious propensities of the subject Pitbull.
57. That on September 16, 2022, defendants COURTNEY BELLEW and
TIMOTHY BELLEW had the duty and obligation to maintain and control of the Pitbull when
out in public so that it was not capable of, attacking people in public spaces, including the
plaintiff SARAH DAVIS.
58. That on September 16, 2022, the defendants COURTNEY BELLEW and
TIMOTHY BELLEW breached their duty and obligation to maintain control of the Pitbull
when OUT in public on a public sidewalk.
59. That on September 16, 2022, an employee or agent of COURTNEY BELLEW
and TIMOTHY BELLEW, who had chosen to take the dog to her residence, while acting
within the course and scope of his employment and/or association with TIMOTHY BELLEW
and in furtherance of that business when the unprovoked attack took place and as such Defendant
is responsible for the conduct of said officer, agent and/or employee under the doctrine of
Respondeat Superior.
60. That on September 16, 2022, COURTNEY BELLEW and TIMOTHY
BELLEW, negligently permitted the aforesaid dangerous dog, which they owned and/or had
custody of, to be out in public unleashed, unmuzzled, and out of control, in violation of City of
E D E L M A N & E D E L M A N , P.C. 6 1 B R O A D W A Y , S U I T E 2 2 2 0 , N E W Y O R K , N Y 1 0 0 0 6 8
8 of 14
FILED: WESTCHESTER COUNTY CLERK 04/30/2024
10/12/2023 03:58
03:57 PM INDEX NO. 55500/2023
NYSCEF DOC. NO. 96
56 RECEIVED NYSCEF: 04/30/2024
10/12/2023
DAVIS V. BELLEW PLAINTIFF’S VERIFIED COMPLAINT
White Plains “Leash Law” as aforesaid, despite known vicious propensities, and therefore
Plaintiff will rely upon the doctrine of Res Ipsa Loquitur (“the thing speaks for itself”).
61. That on and before September 16, 2022, the Defendants COURTNEY
BELLEW and TIMOTHY BELLEW, by their officers, agents and/or employees were
negligent, careless and reckless, by acts and omissions, including but not limited to:
a. Taking a “Dangerous Dog” to her residence;
b. Permitting a dangerous dog to be unrestrained and unmuzzled around
children;
c. Leaving/permitting a gate/door to be open and unlocked so the dog could
escape and failing to install devices and systems to keep the dog on the
premises.
d. Allowing a “dangerous” dog to escape her home and be out in public
unrestrained and out of control, causing serious injury.
e. Disregarding, and failing to protect the public safety from the Pitbull’s
prior vicious acts, vicious propensities and behavior.
f. Failing to monitor the dog and children to permit the dog to escape.
g. Failing to monitor and maintain oversight of the dog
h. Violating White Plains “Leash” Law and the “Dangerous Dog” statute.
i. Permitting a “dangerous” dog to be out in public unleashed and without
control.
j. Permitting a “dangerous” dog to get out of the house and attack the
Plaintiff.
k. Failing to keep the Pitbull under control and leashed when out in public.
l. Permitting the dog to be out in public unleashed and out of control
m. Failing to timely search for and recover the unleashed, uncontrolled
animal
n. Permitting the dog to bite a person in public.
o. Permitting the dog known to be “dangerous” to bite a person causing
serious physical injury
p. Failing to muzzle the dog when out in public
q. Failing to conduct thorough interview of the dog’s owner
E D E L M A N & E D E L M A N , P.C. 6 1 B R O A D W A Y , S U I T E 2 2 2 0 , N E W Y O R K , N Y 1 0 0 0 6 9
9 of 14
FILED: WESTCHESTER COUNTY CLERK 04/30/2024
10/12/2023 03:58
03:57 PM INDEX NO. 55500/2023
NYSCEF DOC. NO. 96
56 RECEIVED NYSCEF: 04/30/2024
10/12/2023
DAVIS V. BELLEW PLAINTIFF’S VERIFIED COMPLAINT
r. Disregarding the dog’s prior vicious disposition and propensities
s. Failing to warn the plaintiff that a dangerous dog was unleashed and
uncontrolled
t. Failing to properly train, restrain, and control a known dangerous Pitbull
u. Failing to properly train and supervise staff
v. Failing to properly train, control and supervise the dog
w. Negligent Hiring, Retention, Training and Supervision of the dog and staff
x. Failing to make and enforce protocols regarding dangerous dogs
y. Failing to make, enforce, and follow shelter rules and regulations
regarding leashing, controlling, and muzzling dangerous dogs
z. Disregarding the shelter’s training and restraint protocols
aa. Res Ipsa Loquitur (“the thing speaks for itself”)
62. That on and before September 16, 2022, the defendants COURTNEY BELLEW
and TIMOTHY BELLEW breached their duties and obligations to properly and thoroughly
assess the vicious propensities and prior vicious acts of the subject Pitbull.
63. That on September 16, 2022, defendants COURTNEY BELLEW and
TIMOTHY BELLEW were dutybound to maintain and control of the Pitbull when out in public
so that the dog did not track, lunge at, attack and bite people.
64. That on and before September 16, 2022, the defendants COURTNEY BELLEW
and TIMOTHY BELLEW breached their duties to leash, control, train and supervise the
aforesaid Pitbull when out in public.
65. That on September 16, 2022, COURTNEY BELLEW an officer, employee or
agent of TIMOTHY BELLEW, had possession of the Pitbull while acting within the course and
scope of her employment and/or association with by Defendant and TIMOTHY BELLEW
when the attack took place and as such defendant and TIMOTHY BELLEW is responsible for
the conduct (acts and omissions) of its said officer, agent and/or employee under the doctrine of
Respondeat Superior.
E D E L M A N & E D E L M A N , P.C. 6 1 B R O A D W A Y , S U I T E 2 2 2 0 , N E W Y O R K , N Y 1 0 0 0 6 10
10 of 14
FILED: WESTCHESTER COUNTY CLERK 04/30/2024
10/12/2023 03:58
03:57 PM INDEX NO. 55500/2023
NYSCEF DOC. NO. 96
56 RECEIVED NYSCEF: 04/30/2024
10/12/2023
DAVIS V. BELLEW PLAINTIFF’S VERIFIED COMPLAINT
66. That on September 16, 2022, as a direct result of the Pitbull being unleashed and
not controlled when in a public space, due to the negligence and statutory violations by the
defendants COURTNEY BELLEW and TIMOTHY BELLEW, the plaintiff sustained severe
personal injuries when the Pitbull viciously attacked the plaintiff, unprovoked, causing her to
sustain severe and personal injuries including bites, lacerations, resulting in severe pain,
disability, an antalgic gait, limp and psychological injuries.
67. As a direct and proximate result of the Defendant’s negligence as aforesaid,
including and permitting a known dangerous dog to be uncontrolled out in public without a leash
the Plaintiff SARAH DAVIS suffered severe and permanent physical, psychological and
emotional injuries, including but not limited to bites and lacerations on her leg, resulting in
substantial physical injuries and emotional pain and suffering, an antalgic gait, permanent partial
disability, and she has incurred significant medical and hospital expenses and will continue to
incur same in the future and she has sustained past lost earnings, a loss of earning capacity, an d
will have future lost wages.
68. That by reason of the foregoing, the plaintiff demands judgment against
defendants COURTNEY BELLEW and TIMOTHY BELLEW, in monetary sums which
exceed the jurisdiction of all lower courts, in compensatory damages together with interest, the
costs and disbursements of this action.
THIRD CAUSE OF ACTION
[PUNITIVE DAMAGES]
69. Plaintiff incorporates by reference all paragraphs set forth above as though more
fully set forth herein.
70. That the defendants COURTNEY BELLEW and TIMOTHY BELLEW were
grossly negligent in permitting a known dangerous dog to be unleashed, unmuzzled, and out of
control in public.
71. That the Defendants COURTNEY BELLEW and TIMOTHY BELLEW
conduct, by commission and omission as aforesaid, including permitting a dangerous dog with
known vicious propensities to be unrestrained and out of control in public, and violating the
E D E L M A N & E D E L M A N , P.C. 6 1 B R O A D W A Y , S U I T E 2 2 2 0 , N E W Y O R K , N Y 1 0 0 0 6 11
11 of 14
FILED: WESTCHESTER COUNTY CLERK 04/30/2024
10/12/2023 03:58
03:57 PM INDEX NO. 55500/2023
NYSCEF DOC. NO. 96
56 RECEIVED NYSCEF: 04/30/2024
10/12/2023
DAVIS V. BELLEW PLAINTIFF’S VERIFIED COMPLAINT
White Plains “Leash Law” and aforesaid New York State “Dangerous Dog” statute demonstrated
a willful, wanton and callous disregard for public safety.
72. That by the defendants COURTNEY BELLEW and TIMOTHY BELLEW
permitting a dangerous dog which it knew had vicious and dangerous propensities and had
previously bitten and attacked to be unleashed running out of control in public) demonstrates
their willful, wanton and callous disregard for public safety.
73. That for their willful, wanton and callous disregard for public safety, the Plaintiff,
SARAH DAVIS seeks punitive and exemplary damages in this Third Cause of Action from each
of the Defendants COURTNEY BELLEW and TIMOTHY BELLEW in monetary amounts
which exceed the jurisdictional limits of all lower courts.
WHEREFORE, plaintiff SARAH DAVIS demands judgment against all the Defendants
COURTNEY BELLEW and TIMOTHY BELLEW, and each of them concurrently, jointly
and severally as follows:
a. Money damages on the First Cause of Action [Strict Liability] which
after all applicable deductions for present value and otherwise, pursuant to
Article 50-B of the CPLR exceed the monetary jurisdiction of all lower
courts, together with interest, costs and the disbursements of this action.
b. Money damages on the Second Cause of Action [Negligence] which after
all applicable deductions for present value and otherwise, pursuant to
Article 50-B of the CPLR exceed the monetary jurisdiction of all lower
courts, together with interest, costs and the disbursements of this Cause of
Action.
c. Money Damages on the Third Cause of Action [Punitive Damages] as
exemplary, punishment damages for willful wanton and conscious callous
disregard for the safety and welfare of members of the public in sums
which exceed the monetary jurisdiction of all lower courts, together with
interest, costs and the disbursements of this Cause of Action.
Dated: New York, NY
October 12, 2023
E D E L M A N & E D E L M A N , P.C. 6 1 B R O A D W A Y , S U I T E 2 2 2 0 , N E W Y O R K , N Y 1 0 0 0 6 12
12 of 14
FILED: WESTCHESTER COUNTY CLERK 04/30/2024
10/12/2023 03:58
03:57 PM INDEX NO. 55500/2023
NYSCEF DOC. NO. 96
56 RECEIVED NYSCEF: 04/30/2024
10/12/2023
DAVIS V. BELLEW PLAINTIFF’S VERIFIED COMPLAINT
EDELMAN & EDELMAN, P.C.
By: ______________________________
Howard R. Engle, Esq.
Attorneys for Plaintiff
SARAH DAVIS
61 Broadway Suite 2220
New York, New York 10006
(212) 943-1200)
E D E L M A N & E D E L M A N , P.C. 6 1 B R O A D W A Y , S U I T E 2 2 2 0 , N E W Y O R K , N Y 1 0 0 0 6 13
13 of 14
FILED: WESTCHESTER COUNTY CLERK 04/30/2024
10/12/2023 03:58
03:57 PM INDEX NO. 55500/2023
NYSCEF DOC. NO. 96
56 RECEIVED NYSCEF: 04/30/2024
10/12/2023
DAVIS V. BELLEW PLAINTIFF’S VERIFIED COMPLAINT
ATTORNEY’S VERIFICATION
HOWARD ENGLE, an attorney admitted to practice in the courts of New York, affirms
the truth of the following under penalty of perjury and pursuant to CPLR 2106:
I am a member of the firm of EDELMAN & EDELMAN, P.C., the attorneys of record
for the Plaintiff in the within action; I have read the foregoing Complaint and know the contents
thereof; the same is true as to my own knowledge, except as to the matters therein stated to be
alleged on information and belief, and as to those matters I believe to be true. The reason this
verification is made by me and not by the Plaintiff is that the Plaintiff does not reside in the
county wherein your affirmant maintains his offices.
The grounds of my belief as to all matters not stated upon my knowledge are the contents
of our investigation of this matter.
Dated: New York, New York
October 12, 2022
EDELMAN & EDELMAN, P.C.
By:_______________________________
Howard R. Engle, Esq.
Attorneys for Plaintiff
SARAH DAVIS
61 Broadway Suite 2220
New York, New York 10006
(212) 943-1200
E D E L M A N & E D E L M A N , P.C. 6 1 B R O A D W A Y , S U I T E 2 2 2 0 , N E W Y O R K , N Y 1 0 0 0 6 14
14 of 14
Preview
FILED: WESTCHESTER COUNTY CLERK 04/30/2024 03:58 PM INDEX NO. 55500/2023 NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 04/30/2024 EXHIBIT C FILED: WESTCHESTER COUNTY CLERK 04/30/2024 10/12/2023 03:58 03:57 PM INDEX NO. 55500/2023 NYSCEF DOC. NO. 96 56 RECEIVED NYSCEF: 04/30/2024 10/12/2023 SUPREME COURT STATE OF NEWYORK COUNTY OF WESTCHESTER -----------------------------------------------------------------X SARAH DAVIS, Index No.: 55500/2023 Plaintiff, -against- VERIFIED AMENDED COURTNEY BELLEW and TIMOTHY BELLEW, COMPLAINT Defendants. -----------------------------------------------------------------X Plaintiff SARAH DAVIS, by her attorneys, EDELMAN & EDELMAN, P.C., complaining of the defendants COURTNEY BELLEW and TIMOTHY BELLEW hereby allege the following, upon information and belief: ALLEGATIONS COMMON TO ALL CAUSES OF ACTION 1. That on September 16, 2022 and currently Plaintiff, SARAH DAVIS, was and still is a resident of the City of White Plains, County of Westchester, State of New York. 2. That on September 16, 2022 and currently, the defendant, COURTNEY BELLEW and TIMOTHY BELLEW, were and still are residents of the City of White Plains, County of Westchester, State of New York. 3. That on September 16, 2022 COURTNEY BELLEW and TIMOTHY BELLEW owned the premises known and designated at 21 Sherman Ave. in the City of White Plains, County of Westchester, State of New York. 4. That on and before September 16, 2022 COURTNEY BELLEW was, and still is, an officer, agent and/or employee of ADOPT-A-DOG, INC. performing her work and services for that entity at the shelter location 23 Cox Avenue, in the Hamlet of Armonk, Town of New Castle, County of Westchester, State of New York. 5. That on and before September 16, 2022 COURTNEY BELLEW was the Executive Director of the aforesaid ADOPT-A-DOG, INC. shelter. 1 of 14 FILED: WESTCHESTER COUNTY CLERK 04/30/2024 10/12/2023 03:58 03:57 PM INDEX NO. 55500/2023 NYSCEF DOC. NO. 96 56 RECEIVED NYSCEF: 04/30/2024 10/12/2023 DAVIS V. BELLEW PLAINTIFF’S VERIFIED COMPLAINT 6. That on and before September 16, 2022 COURTNEY BELLEW and TIMOTHY BELLEW were the registered owners of a certain Pitbull dog. 7. That on and before September 16, 2022 COURTNEY BELLEW and TIMOTHY BELLEW were the custodians of, and had custody of a certain Pitbull dog named “Betsey”. 8. That on or before September 16, 2022 COURTNEY BELLEW and TIMOTHY BELLEW took custody and control of a certain Pitbull when she took that dog to her residence at 21 Sherman Avenue, in the City of White Plains, County of Westchester, State of New York home from the aforesaid ADOPT-A-DOG, INC. shelter located in Armonk, New York. 9. That on or before September 16, 2022 COURTNEY BELLEW and TIMOTHY BELLEW took the subject Pitbull from the ADOPT-A-DOG, INC. shelter to her home at 21 Sherman Avenue, White Plains, New York, thereby taking custody of the subject Pitbull. 10. That on and before September 16, 2022 defendants COURTNEY BELLEW and TIMOTHY BELLEW had the duty and obligation to properly conduct a thorough background search about the temperament and prior behavior of the subject Pitbull, specifically with regard to whether it was designated as a “dangerous” dog and with regard to its prior vicious acts, vicious propensities and dangerous behavior. 11. That on September 16, 2022 the City of White Plains Municipal Code had then and there existing codified regulations applicable to those owning and having possession and custody of dogs. 12. That on and before September 16, 2022 the Defendants were obligated and dutybound to be aware of, and abide the City of White Plains Municipal Code provisions regarding those owning and having possession and custody of dogs within the City of White Plains. 13. That on and before September 16, 2022 the Defendants COURTNEY BELLEW and TIMOTHY BELLEW knew or should have known about the provisions of the City of White Plains Municipal Code and the “Dangerous Dog” statutes pertaining to the owning and custody of dogs within the City of White Plains, County of Westchester and State of New York. E D E L M A N & E D E L M A N , P.C. 6 1 B R O A D W A Y , S U I T E 2 2 2 0 , N E W Y O R K , N Y 1 0 0 0 6 2 2 of 14 FILED: WESTCHESTER COUNTY CLERK 04/30/2024 10/12/2023 03:58 03:57 PM INDEX NO. 55500/2023 NYSCEF DOC. NO. 96 56 RECEIVED NYSCEF: 04/30/2024 10/12/2023 DAVIS V. BELLEW PLAINTIFF’S VERIFIED COMPLAINT 14. That on September 16, 2022 the City of White Plains Municipal Code codified regulations applicable to those owning and in possession and control of dogs, which code applied to the defendants COURTNEY BELLEW and TIMOTHY BELLEW regarding the subject Pitbull. 15. That on September 16, 2022 the White Plains “Leash Law” applied to COURTNEY BELLEW and TIMOTHY BELLEW regarding the subject Pitbull while it resided at the aforesaid ADOPT-A-DOG, INC. shelter in Armonk, New York and while it resided at 21 Sherman Avenue in the City of White Plains, County and State of New York. 16. That on September 16, 2022 the City of White Plains Municipal Code codified regulations applicable to those owning and in possession and control of dogs, which Section One provided that “Dogs are not permitted to be at large other than in the owner's home or on the premises of another person with his/her permission.” 17. That on September 16, 2022 the City of White Plains Municipal Code codified regulations applicable to those owning dogs, which Section Two provided that “Dog owners must have their dogs on leashes.” 18. That on September 16, 2022 the defendants COURTNEY BELLEW and TIMOTHY BELLEW were owners of the subject dog within the meaning, and for the purpose of application of the “Leash Law” within the White Plains Municipal Code. 19. That on and before September 16, 2022 the aforesaid Pitbull was a “Dangerous Dog” pursuant to the Agriculture and Markets Law of the State of New York § 123, 123-a. 20. That prior to September 16, 2022 the subject Pitbull had been declared “dangerous” pursuant to Agriculture and Markets Law of the State of New York § 123, 123-a. 21. That on September 16, 2022, in violation of the aforesaid “Dangerous Dog” statute the Defendants COURTNEY BELLEW and TIMOTHY BELLEW failed to properly confine the aforesaid dangerous dog to prevent its escape and to protect the public from unauthorized contact with the dog, in that the dog was permitted to escape from the Defendant’s residence at 21 Sherman Avenue, in the City of White Plains, County and State of New York. E D E L M A N & E D E L M A N , P.C. 6 1 B R O A D W A Y , S U I T E 2 2 2 0 , N E W Y O R K , N Y 1 0 0 0 6 3 3 of 14 FILED: WESTCHESTER COUNTY CLERK 04/30/2024 10/12/2023 03:58 03:57 PM INDEX NO. 55500/2023 NYSCEF DOC. NO. 96 56 RECEIVED NYSCEF: 04/30/2024 10/12/2023 DAVIS V. BELLEW PLAINTIFF’S VERIFIED COMPLAINT 22. That on September 16, 2022, in violation of the aforesaid “Dangerous Dog” statute the Defendants COURTNEY BELLEW and TIMOTHY BELLEW failed to properly restrain the dog on a leash by an adult of at least twenty-one years of age whenever the dog was on public premises, as it was at the time of the attack, described below, on the Plaintiff, SARAH DAVIS. 23. That on September 16, 2022, defendants COURTNEY BELLEW and TIMOTHY BELLEW, knew and/or should have known that the subject Pitbull was dangerous, vicious and had propensities to track, lunge at, attack and bite people, without provocation. 24. That upon information and belief, when COURTNEY BELLEW took the subject Pitbull to her residence at 21 Sherman Avenue, White Plains she knew, or should have known, that the Pitbull was a “Dangerous Dog” and had vicious propensities. 25. That on or before September 16, 2022 when COURTNEY BELLEW and TIMOTHY BELLEW took the subject Pitbull their home at 21 Sherman Avenue, White Plains, she was dutybound to abide the White Plains Municipal Code by keeping that animal leashed and under control when out in public. 26. That on September 16, 2022 COURTNEY BELLEW and TIMOTHY BELLEW took control, care and custody of the subject Pitbull and in so doing were obligated to comply with the White Plains “Leash Law” and the “Dangerous Dog” statute. 27. That on September 16, 2022 the Plaintiff was a pedestrian walking on the public sidewalk on Macy Road in the City of White Plains, County of Westchester, State of New York. 28. That on September 16, 2022 the Plaintiff was taking her dog a Cavalier King Charles, for a walk in the neighborhood of her home. 29. That on September 16, 2022 the subject Pitbull left the premises owned by Defendant COURTNEY BELLEW and TIMOTHY BELLEW without a leash, in violation of the City of White Plains “Leash Law”. 30. That on September 16, 2022 a Pitbull escaped from the COURTNEY BELLEW and TIMOTHY BELLEW residence, due to the negligence and carelessness of the Defendants, E D E L M A N & E D E L M A N , P.C. 6 1 B R O A D W A Y , S U I T E 2 2 2 0 , N E W Y O R K , N Y 1 0 0 0 6 4 4 of 14 FILED: WESTCHESTER COUNTY CLERK 04/30/2024 10/12/2023 03:58 03:57 PM INDEX NO. 55500/2023 NYSCEF DOC. NO. 96 56 RECEIVED NYSCEF: 04/30/2024 10/12/2023 DAVIS V. BELLEW PLAINTIFF’S VERIFIED COMPLAINT without a leash and was on public property without a leash and without a person controlling the Pitbull dog, in violation of White Plains ordinances. 31. That on September 16, 2022 the subject Pitbull escaped from the 21 Sherman Avenue, White Plains residence unleashed and was uncontrolled roaming for blocks from the residence, attacking the Plaintiff SARAH DAVIS without warning, from behind, blocks from the 21 Sherman Avenue, White Plains residence of the Defendant COURTNEY BELLEW, causing the Plaintiff personal injuries. 32. That on September 16, 2022 the subject Pitbull escaped from the 21 Sherman Avenue, White Plains residence unleashed, and uncontrolled and roamed free in a public space, tracked the Plaintiff SARAH DAVIS and her dog, acting as a predator for several blocks stalking its victim until it suddenly and without warning, and without justification or provocation attacked and latched onto the Plaintiff SARAH DAVIS, causing personal injuries. 33. That on September 16, 2022, in violation of the aforesaid “Dangerous Dog” statute the Defendants failed to properly muzzle the dog whenever it is out in public spaces in a manner that will prevent it from biting any person, as it was at the time of the attack on the Plaintiff, SARAH DAVIS. 34. That on September 16, 2022, in violation of the aforesaid “Dangerous Dog” statute the Defendants failed to prevent their dog from, without justification, attacking a person causing serious physical injury as it did at the time of the attack on the Plaintiff, SARAH DAVIS. 35. That on September 16, 2022, in violation of the aforesaid “Dangerous Dog” statute the dog had known vicious propensities, as evidenced by a previous unjustified attack on a person, which caused serious physical injury. 36. That on September 16, 2022, the subject Pitbull had a vicious disposition and had vicious propensities. 37. That on and before September, 2022 the Defendants COURTNEY BELLEW and TIMOTHY BELLEW knew that the subject Pitbull had a vicious disposition and had vicious propensities. E D E L M A N & E D E L M A N , P.C. 6 1 B R O A D W A Y , S U I T E 2 2 2 0 , N E W Y O R K , N Y 1 0 0 0 6 5 5 of 14 FILED: WESTCHESTER COUNTY CLERK 04/30/2024 10/12/2023 03:58 03:57 PM INDEX NO. 55500/2023 NYSCEF DOC. NO. 96 56 RECEIVED NYSCEF: 04/30/2024 10/12/2023 DAVIS V. BELLEW PLAINTIFF’S VERIFIED COMPLAINT 38. That on September 16, 2022 the Defendant COURTNEY BELLEW and TIMOTHY BELLEW admitted that the dog was had escaped her home and was an aggressive and territorial dog, when in public spaces. 39. That plaintiff did not contribute to the happening of the occurrence complained of, by reason of any action or conduct on his part and was at all times free from culpable conduct. 40. That the below three (3) Causes of Action come within one or more of the exceptions as enumerated in §§ 1602(2)(iv) and 1602(7) of the CPLR. 41. That by reason of all the foregoing, plaintiff SARAH DAVIS has sustained damages in each of the below three (3) Causes of Action which, after all applicable adjustments pursuant to Article 50-B of the CPLR, which on each Cause of Action exceed the jurisdictional limits of all lower courts in the State of New York. FIRST CAUSE OF ACTION [STRICT LIABILITY] 42. Plaintiff incorporates by reference herein all prior paragraphs as if fully set forth herein. 43. That on September 16, 2022 the Defendants COURTNEY BELLEW and TIMOTHY BELLEW violated the City of White Plains “Leash Law” and the “Dangerous Dog” statute. 44. That the Defendants COURTNEY BELLEW and TIMOTHY BELLEW violation of the City of White Plains Leash Law and the “Dangerous Dog” statute was the proximate cause for the Plaintiff SARAH DAVIS being attacked, bitten and sustaining severe personal injuries. 45. That the aforesaid September 16, 2022 unprovoked act of the said Pitbull on innocent SARAH DAVIS constituted a vicious attack that endangered her safety as a pedestrian lawfully and peacefully walking on the public sidewalk. E D E L M A N & E D E L M A N , P.C. 6 1 B R O A D W A Y , S U I T E 2 2 2 0 , N E W Y O R K , N Y 1 0 0 0 6 6 6 of 14 FILED: WESTCHESTER COUNTY CLERK 04/30/2024 10/12/2023 03:58 03:57 PM INDEX NO. 55500/2023 NYSCEF DOC. NO. 96 56 RECEIVED NYSCEF: 04/30/2024 10/12/2023 DAVIS V. BELLEW PLAINTIFF’S VERIFIED COMPLAINT 46. That Pitbull’s prior vicious behavior and vicious propensities was known, or should have been known, to the defendants COURTNEY BELLEW and TIMOTHY BELLEW. 47. That on September 16, 2022 at the time the subject Pitbull attacked the Plaintiff SARAH DAVIS, the Defendants COURTNEY BELLEW and TIMOTHY BELLEW violated the White Plains “Leash Law.” 48. That the violations of the White Plains “Leash Law” and Dangerous Dog statute Defendants COURTNEY BELLEW and TIMOTHY BELLEW and the defendants knowledge about the dogs prior vicious disposition and attacks were substantial factors in causing the subject attack on, and injuries sustained by, the Plaintiff, SARAH DAVIS. 49. That the aforesaid violations cast the defendants COURTNEY BELLEW and TIMOTHY BELLEW strictly liable for the attack and injuries sustained by the Plaintiff, SARAH DAVIS. 50. That by reason of the happening of the occurrence complained of, plaintiff SARAH DAVIS sustained severe personal injuries, pain, suffering, disability, deformity, the need for medical attention, treatment, medications, and therapies. Plaintiff incurred a diminution in the enjoyment of life and life’s pleasures and benefits. Plaintiff was caused to incur expenses for medical treatment and related matters. 51. That by reason of the foregoing, the plaintiff demands judgment against defendants COURTNEY BELLEW and TIMOTHY BELLEW, in monetary amounts in compensatory damages together with interest, the costs and disbursements of this action, which exceed the jurisdictional limits of all lower courts. SECOND CAUSE OF ACTION [NEGLIGENCE] 52. Plaintiff incorporates by reference herein paragraphs 1-9 above as though fully set forth herein. E D E L M A N & E D E L M A N , P.C. 6 1 B R O A D W A Y , S U I T E 2 2 2 0 , N E W Y O R K , N Y 1 0 0 0 6 7 7 of 14 FILED: WESTCHESTER COUNTY CLERK 04/30/2024 10/12/2023 03:58 03:57 PM INDEX NO. 55500/2023 NYSCEF DOC. NO. 96 56 RECEIVED NYSCEF: 04/30/2024 10/12/2023 DAVIS V. BELLEW PLAINTIFF’S VERIFIED COMPLAINT 53. That on September 16, 2022 defendants COURTNEY BELLEW and TIMOTHY BELLEW by its officers, agent and/or employee were duty bound and obligated to keep the Pitbull leashed and under control, when out in public. 54. That on September 16, 2022, defendants COURTNEY BELLEW and TIMOTHY BELLEW breached their duties and obligations to keep the Pitbull leashed and under control, when out in public. 55. That on and prior to September 16, 2022 defendants COURTNEY BELLEW and TIMOTHY BELLEW knew, or should have known, that the Pitbull dog was vicious and had vicious propensities. 56. That on and before September 16, 2022 the defendants COURTNEY BELLEW and TIMOTHY BELLEW breached their duties and obligations to properly and thoroughly assess, and protect the public from, the vicious propensities of the subject Pitbull. 57. That on September 16, 2022, defendants COURTNEY BELLEW and TIMOTHY BELLEW had the duty and obligation to maintain and control of the Pitbull when out in public so that it was not capable of, attacking people in public spaces, including the plaintiff SARAH DAVIS. 58. That on September 16, 2022, the defendants COURTNEY BELLEW and TIMOTHY BELLEW breached their duty and obligation to maintain control of the Pitbull when OUT in public on a public sidewalk. 59. That on September 16, 2022, an employee or agent of COURTNEY BELLEW and TIMOTHY BELLEW, who had chosen to take the dog to her residence, while acting within the course and scope of his employment and/or association with TIMOTHY BELLEW and in furtherance of that business when the unprovoked attack took place and as such Defendant is responsible for the conduct of said officer, agent and/or employee under the doctrine of Respondeat Superior. 60. That on September 16, 2022, COURTNEY BELLEW and TIMOTHY BELLEW, negligently permitted the aforesaid dangerous dog, which they owned and/or had custody of, to be out in public unleashed, unmuzzled, and out of control, in violation of City of E D E L M A N & E D E L M A N , P.C. 6 1 B R O A D W A Y , S U I T E 2 2 2 0 , N E W Y O R K , N Y 1 0 0 0 6 8 8 of 14 FILED: WESTCHESTER COUNTY CLERK 04/30/2024 10/12/2023 03:58 03:57 PM INDEX NO. 55500/2023 NYSCEF DOC. NO. 96 56 RECEIVED NYSCEF: 04/30/2024 10/12/2023 DAVIS V. BELLEW PLAINTIFF’S VERIFIED COMPLAINT White Plains “Leash Law” as aforesaid, despite known vicious propensities, and therefore Plaintiff will rely upon the doctrine of Res Ipsa Loquitur (“the thing speaks for itself”). 61. That on and before September 16, 2022, the Defendants COURTNEY BELLEW and TIMOTHY BELLEW, by their officers, agents and/or employees were negligent, careless and reckless, by acts and omissions, including but not limited to: a. Taking a “Dangerous Dog” to her residence; b. Permitting a dangerous dog to be unrestrained and unmuzzled around children; c. Leaving/permitting a gate/door to be open and unlocked so the dog could escape and failing to install devices and systems to keep the dog on the premises. d. Allowing a “dangerous” dog to escape her home and be out in public unrestrained and out of control, causing serious injury. e. Disregarding, and failing to protect the public safety from the Pitbull’s prior vicious acts, vicious propensities and behavior. f. Failing to monitor the dog and children to permit the dog to escape. g. Failing to monitor and maintain oversight of the dog h. Violating White Plains “Leash” Law and the “Dangerous Dog” statute. i. Permitting a “dangerous” dog to be out in public unleashed and without control. j. Permitting a “dangerous” dog to get out of the house and attack the Plaintiff. k. Failing to keep the Pitbull under control and leashed when out in public. l. Permitting the dog to be out in public unleashed and out of control m. Failing to timely search for and recover the unleashed, uncontrolled animal n. Permitting the dog to bite a person in public. o. Permitting the dog known to be “dangerous” to bite a person causing serious physical injury p. Failing to muzzle the dog when out in public q. Failing to conduct thorough interview of the dog’s owner E D E L M A N & E D E L M A N , P.C. 6 1 B R O A D W A Y , S U I T E 2 2 2 0 , N E W Y O R K , N Y 1 0 0 0 6 9 9 of 14 FILED: WESTCHESTER COUNTY CLERK 04/30/2024 10/12/2023 03:58 03:57 PM INDEX NO. 55500/2023 NYSCEF DOC. NO. 96 56 RECEIVED NYSCEF: 04/30/2024 10/12/2023 DAVIS V. BELLEW PLAINTIFF’S VERIFIED COMPLAINT r. Disregarding the dog’s prior vicious disposition and propensities s. Failing to warn the plaintiff that a dangerous dog was unleashed and uncontrolled t. Failing to properly train, restrain, and control a known dangerous Pitbull u. Failing to properly train and supervise staff v. Failing to properly train, control and supervise the dog w. Negligent Hiring, Retention, Training and Supervision of the dog and staff x. Failing to make and enforce protocols regarding dangerous dogs y. Failing to make, enforce, and follow shelter rules and regulations regarding leashing, controlling, and muzzling dangerous dogs z. Disregarding the shelter’s training and restraint protocols aa. Res Ipsa Loquitur (“the thing speaks for itself”) 62. That on and before September 16, 2022, the defendants COURTNEY BELLEW and TIMOTHY BELLEW breached their duties and obligations to properly and thoroughly assess the vicious propensities and prior vicious acts of the subject Pitbull. 63. That on September 16, 2022, defendants COURTNEY BELLEW and TIMOTHY BELLEW were dutybound to maintain and control of the Pitbull when out in public so that the dog did not track, lunge at, attack and bite people. 64. That on and before September 16, 2022, the defendants COURTNEY BELLEW and TIMOTHY BELLEW breached their duties to leash, control, train and supervise the aforesaid Pitbull when out in public. 65. That on September 16, 2022, COURTNEY BELLEW an officer, employee or agent of TIMOTHY BELLEW, had possession of the Pitbull while acting within the course and scope of her employment and/or association with by Defendant and TIMOTHY BELLEW when the attack took place and as such defendant and TIMOTHY BELLEW is responsible for the conduct (acts and omissions) of its said officer, agent and/or employee under the doctrine of Respondeat Superior. E D E L M A N & E D E L M A N , P.C. 6 1 B R O A D W A Y , S U I T E 2 2 2 0 , N E W Y O R K , N Y 1 0 0 0 6 10 10 of 14 FILED: WESTCHESTER COUNTY CLERK 04/30/2024 10/12/2023 03:58 03:57 PM INDEX NO. 55500/2023 NYSCEF DOC. NO. 96 56 RECEIVED NYSCEF: 04/30/2024 10/12/2023 DAVIS V. BELLEW PLAINTIFF’S VERIFIED COMPLAINT 66. That on September 16, 2022, as a direct result of the Pitbull being unleashed and not controlled when in a public space, due to the negligence and statutory violations by the defendants COURTNEY BELLEW and TIMOTHY BELLEW, the plaintiff sustained severe personal injuries when the Pitbull viciously attacked the plaintiff, unprovoked, causing her to sustain severe and personal injuries including bites, lacerations, resulting in severe pain, disability, an antalgic gait, limp and psychological injuries. 67. As a direct and proximate result of the Defendant’s negligence as aforesaid, including and permitting a known dangerous dog to be uncontrolled out in public without a leash the Plaintiff SARAH DAVIS suffered severe and permanent physical, psychological and emotional injuries, including but not limited to bites and lacerations on her leg, resulting in substantial physical injuries and emotional pain and suffering, an antalgic gait, permanent partial disability, and she has incurred significant medical and hospital expenses and will continue to incur same in the future and she has sustained past lost earnings, a loss of earning capacity, an d will have future lost wages. 68. That by reason of the foregoing, the plaintiff demands judgment against defendants COURTNEY BELLEW and TIMOTHY BELLEW, in monetary sums which exceed the jurisdiction of all lower courts, in compensatory damages together with interest, the costs and disbursements of this action. THIRD CAUSE OF ACTION [PUNITIVE DAMAGES] 69. Plaintiff incorporates by reference all paragraphs set forth above as though more fully set forth herein. 70. That the defendants COURTNEY BELLEW and TIMOTHY BELLEW were grossly negligent in permitting a known dangerous dog to be unleashed, unmuzzled, and out of control in public. 71. That the Defendants COURTNEY BELLEW and TIMOTHY BELLEW conduct, by commission and omission as aforesaid, including permitting a dangerous dog with known vicious propensities to be unrestrained and out of control in public, and violating the E D E L M A N & E D E L M A N , P.C. 6 1 B R O A D W A Y , S U I T E 2 2 2 0 , N E W Y O R K , N Y 1 0 0 0 6 11 11 of 14 FILED: WESTCHESTER COUNTY CLERK 04/30/2024 10/12/2023 03:58 03:57 PM INDEX NO. 55500/2023 NYSCEF DOC. NO. 96 56 RECEIVED NYSCEF: 04/30/2024 10/12/2023 DAVIS V. BELLEW PLAINTIFF’S VERIFIED COMPLAINT White Plains “Leash Law” and aforesaid New York State “Dangerous Dog” statute demonstrated a willful, wanton and callous disregard for public safety. 72. That by the defendants COURTNEY BELLEW and TIMOTHY BELLEW permitting a dangerous dog which it knew had vicious and dangerous propensities and had previously bitten and attacked to be unleashed running out of control in public) demonstrates their willful, wanton and callous disregard for public safety. 73. That for their willful, wanton and callous disregard for public safety, the Plaintiff, SARAH DAVIS seeks punitive and exemplary damages in this Third Cause of Action from each of the Defendants COURTNEY BELLEW and TIMOTHY BELLEW in monetary amounts which exceed the jurisdictional limits of all lower courts. WHEREFORE, plaintiff SARAH DAVIS demands judgment against all the Defendants COURTNEY BELLEW and TIMOTHY BELLEW, and each of them concurrently, jointly and severally as follows: a. Money damages on the First Cause of Action [Strict Liability] which after all applicable deductions for present value and otherwise, pursuant to Article 50-B of the CPLR exceed the monetary jurisdiction of all lower courts, together with interest, costs and the disbursements of this action. b. Money damages on the Second Cause of Action [Negligence] which after all applicable deductions for present value and otherwise, pursuant to Article 50-B of the CPLR exceed the monetary jurisdiction of all lower courts, together with interest, costs and the disbursements of this Cause of Action. c. Money Damages on the Third Cause of Action [Punitive Damages] as exemplary, punishment damages for willful wanton and conscious callous disregard for the safety and welfare of members of the public in sums which exceed the monetary jurisdiction of all lower courts, together with interest, costs and the disbursements of this Cause of Action. Dated: New York, NY October 12, 2023 E D E L M A N & E D E L M A N , P.C. 6 1 B R O A D W A Y , S U I T E 2 2 2 0 , N E W Y O R K , N Y 1 0 0 0 6 12 12 of 14 FILED: WESTCHESTER COUNTY CLERK 04/30/2024 10/12/2023 03:58 03:57 PM INDEX NO. 55500/2023 NYSCEF DOC. NO. 96 56 RECEIVED NYSCEF: 04/30/2024 10/12/2023 DAVIS V. BELLEW PLAINTIFF’S VERIFIED COMPLAINT EDELMAN & EDELMAN, P.C. By: ______________________________ Howard R. Engle, Esq. Attorneys for Plaintiff SARAH DAVIS 61 Broadway Suite 2220 New York, New York 10006 (212) 943-1200) E D E L M A N & E D E L M A N , P.C. 6 1 B R O A D W A Y , S U I T E 2 2 2 0 , N E W Y O R K , N Y 1 0 0 0 6 13 13 of 14 FILED: WESTCHESTER COUNTY CLERK 04/30/2024 10/12/2023 03:58 03:57 PM INDEX NO. 55500/2023 NYSCEF DOC. NO. 96 56 RECEIVED NYSCEF: 04/30/2024 10/12/2023 DAVIS V. BELLEW PLAINTIFF’S VERIFIED COMPLAINT ATTORNEY’S VERIFICATION HOWARD ENGLE, an attorney admitted to practice in the courts of New York, affirms the truth of the following under penalty of perjury and pursuant to CPLR 2106: I am a member of the firm of EDELMAN & EDELMAN, P.C., the attorneys of record for the Plaintiff in the within action; I have read the foregoing Complaint and know the contents thereof; the same is true as to my own knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters I believe to be true. The reason this verification is made by me and not by the Plaintiff is that the Plaintiff does not reside in the county wherein your affirmant maintains his offices. The grounds of my belief as to all matters not stated upon my knowledge are the contents of our investigation of this matter. Dated: New York, New York October 12, 2022 EDELMAN & EDELMAN, P.C. By:_______________________________ Howard R. Engle, Esq. Attorneys for Plaintiff SARAH DAVIS 61 Broadway Suite 2220 New York, New York 10006 (212) 943-1200 E D E L M A N & E D E L M A N , P.C. 6 1 B R O A D W A Y , S U I T E 2 2 2 0 , N E W Y O R K , N Y 1 0 0 0 6 14 14 of 14