Landlord Not Liable for Dog Bite

June 30, 2003

LVT Number: 16658

Tenant's home care attendant sued landlord after another tenant's dog bit her. She claimed that landlord was liable for her injuries. Landlord asked the court to dismiss the case. The court ruled against landlord. Landlord appealed and won. There was no proof that the dog had vicious tendencies before it bit the attendant. So there was no proof that landlord knew or should have known that the dog was vicious.

Tenant's home care attendant sued landlord after another tenant's dog bit her. She claimed that landlord was liable for her injuries. Landlord asked the court to dismiss the case. The court ruled against landlord. Landlord appealed and won. There was no proof that the dog had vicious tendencies before it bit the attendant. So there was no proof that landlord knew or should have known that the dog was vicious.

Cayetano v. NYCHA: NYLJ, 6/6/03, p. 21, col. 1 (App. T. 1 Dept.; McCooe, JP, Davis, Gangel-Jacob, JJ)

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