GEORGIANNA v. GIZZY


126 Misc.2d 766 (1984)

Mary A. Georgianna, Individually and on Behalf of Her Son, Richard Neuser, an Infant, Plaintiff, v. Sady Gizzy et al., Defendants.

Supreme Court, Onondaga County.

November 23, 1984


Attorney(s) appearing for the Case

Hiscock, Lee, Rogers, Henley & Barclay for defendants. Frank H. Armani & Associates for plaintiff.


JOHN R. TENNEY, J.

Plaintiff's minor son was bitten by a dog owned by defendant Gizzy, on premises leased to Gizzy by defendants Quinn. The Quinns move for summary judgment contending that as absentee landlords, they are not liable for the actions of their tenant's dog.

Generally, a landlord not in possession of the premises is not liable for injuries inflicted by a tenant's dog. However, he may become liable if he has (1) actual knowledge of...

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