Tenant Didn't Prove Neighbor's Dog Was Vicious

Tenant sued neighboring tenant after neighboring tenant’s dog bit tenant. Tenant claimed strict liability and negligence. The court granted neighbor’s request to dismiss the negligence claim because New York law doesn’t recognize a negligence claim based on injuries caused by a domestic animal. But tenant could make a claim based on strict liability if tenant proved that the dog had vicious propensities and that the neighbor knew or should have known of his dog’s vicious propensities. The court granted neighbor’s request to dismiss the case. Proof, including pre-trial questioning results, showed that the neighbor had the dog for six years without incident before tenant claimed that it bit her. While tenant claimed that the dog behaved aggressively toward other dogs and would bark loudly and growl, lunge, and snap at humans or animals that got close to it, this claim contradicted tenant’s prior answers in a deposition as well as statements from two non-party witnesses.

Berman v. Bowman: 54 Misc.3d 1216(A), 2017 NY Slip Op 50192(U)(Sup. Ct. Queens; 2/10/17; McDonald, J)