Was Landlord Responsible for Attack on Tenant by Other Tenant's Dog?

Tenant who rented apartment in two-family home sued landlord, whose father also lived in the house as the other tenant, for negligence and strict liability after the father’s dog attacked and injured tenant as she attempted to enter her apartment. The court denied landlord’s request to dismiss the case without trial. Landlord appealed and lost. Although the law doesn't recognize a negligence action based on injuries caused by a domestic animal, there were issues of fact that required a trial on whether landlord was strictly liable for tenant’s injuries. At trial, tenant must prove that landlord had notice that a dog was being kept at the building, that landlord knew or should have known that the dog had vicious propensities, and that landlord had sufficient control of the building to allow landlord to remove or confine the dog. 

Kim v. Hong: 2016 N.Y. Slip Op. 06698, 2016 WL 5928743 (App. Div. 2 Dept.; 10/12/16; Dillon, JP, Miller, Duffy, LaSalle, JJ)