Because Lynda Davis' dog was bothering her neighbors, the homeowner's association sued to have the animal removed from the community. And when the Westchester County Supreme Court granted that request, Davis appealed.
Since whether the dog was a "nuisance" was a question for the jury to decide, the Appellate Division, Second Department, thought granting relief in the association's favor was premature and that a determination needed to await a formal hearing or trial.
They sure threw her a bone.
To view a copy of the Appellate Division's decision, please use this link: Gedney Commons Homeowners Assn., Inc. v. Davis