Neither Landlord Nor Tenant Responsible for Tenant's Dog Bite

June 24, 2019

LVT Number: #30198

Plaintiff sued tenant and owner of apartment where tenant lived after tenant's dog bit her. The court granted requests by both landlord and tenant to dismiss the case. The plaintiff appealed and lost. Neither landlord nor tenant had knowledge of any vicious propensities of the dog. Evidence tending to show a dog's vicious propensities included proof of a prior attack, a dog's tendency to growl or snap or bare its teeth, the manner in which a dog was restrained, the fact that a dog was kept as a guard dog, and a proclivity to act in a way that put others at risk of harm.

Plaintiff sued tenant and owner of apartment where tenant lived after tenant's dog bit her. The court granted requests by both landlord and tenant to dismiss the case. The plaintiff appealed and lost. Neither landlord nor tenant had knowledge of any vicious propensities of the dog. Evidence tending to show a dog's vicious propensities included proof of a prior attack, a dog's tendency to growl or snap or bare its teeth, the manner in which a dog was restrained, the fact that a dog was kept as a guard dog, and a proclivity to act in a way that put others at risk of harm. Plaintiff's claim that the dog barked at her and strained its leash toward her dog was insufficient to raise a question as to whether tenant's dog had vicious tendencies. This was normal canine behavior. 

Bukhtiyarova v. Cohen: Index Nos. 2016-08771, 2017-01400 -- 500529/10, 2019 NY Slip Op 03945 (App. Div. 2 Dept.; 5/22/19; Dillon, JP, LaSalle, Barros, Christopher, JJ)

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