New York State Supreme Court, Appellate Division, Fourth Judicial Department
Knowledge of vicious propensities
Appealed from Supreme Court, Onondaga County
Background: The plaintiff was bit on the shoulder by the defendants’ dog when it escaped from their house while the plaintiff was delivering a package. The plaintiff appealed from a motion for summary judgment dismissing his cause of action.
Ruling: The Appellate Division affirmed. The court held that the defendants met their burden of proof demonstrating that they neither knew nor had reason to know of the dog’s allegedly vicious propensities and the plaintiff failed to raise a triable issue of fact in opposition.
Matthew J. Kaiser, of William Matter, for the plaintiff-appellant; Michael P. Schug, of Santacrose, Frary, Tomko, Diaz-Ordaz & Whiting, for the defendants-respondents.