Landlord Not Responsible for Attack by Tenant's Pit Bull

March 31, 2011

LVT Number: #23272

Tenant sued landlord for negligence after another tenant's pit bull dog attacked him. Landlord claimed that it neither knew nor had reason to know that tenant's dog was vicious. The court ruled for landlord and dismissed the case. Tenant appealed and lost. Although the building super testified that other tenants were frightened of the dog, he also said he'd received no complaints and hadn't seen the dog act aggressively. Complaining tenant's claim that the dog growled at him on the day before the attack didn't support his claim.

Tenant sued landlord for negligence after another tenant's pit bull dog attacked him. Landlord claimed that it neither knew nor had reason to know that tenant's dog was vicious. The court ruled for landlord and dismissed the case. Tenant appealed and lost. Although the building super testified that other tenants were frightened of the dog, he also said he'd received no complaints and hadn't seen the dog act aggressively. Complaining tenant's claim that the dog growled at him on the day before the attack didn't support his claim.

Orozco v. 725 S. Blvd. LLC: NYLJ, 3/10/11, p. 29, col. 1 (App. Div. 1 Dept.; Andrias, JP, Catterson, Moskowitz, Abdus-Salaam, Roman, JJ)

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