Landlord Not Responsible for Injuries to Passerby by Tenant's Dog

An 88-year-old man who was walking outside of landlord's building sued landlord after he fell over and was injured as a result of a tenant’s dog running out of the building and jumping on him. The man claimed that landlord was aware that tenant’s dog had a history of running outside when the front door opened, and had a duty to take steps to remove the dog from the premises or to remove tenant from the premises if he knew the dog would frequently run out when the door was opened. The court granted landlord's request to dismiss the case without trial, finding that based on the evidence established through discovery, the owner of the property was not aware, nor should he have been aware, that his tenant’s dog had exhibited any aggressive behavior or vicious propensities, and merely posting signs on the door to inform the tenant that his dog must be on a leash when the tenant exits the building didn't translate to knowledge that the dog had jumped on or attacked anyone previously.

Stuart v. Cajamarca: Index No. 720943/2019, NYLJ No. 1660186915 (Sup. Ct. Queens; 6/15/22; Gavrin, J)