SMRTIC v. MARSHALL


176 A.D.2d 986 (1991)

Clarice Smrtic, Individually and as Parent of Jason Smrtic, an Infant, Appellant, v. Gladys Marshall, Defendant, and Abe Dweck et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

October 3, 1991


Plaintiff is attempting to hold a landlord liable for injuries sustained by one who was bitten by a tenant's dog. In support of their motion for summary judgment, the landlords in this case, defendants Abe Dweck and Claudia Dweck (hereinafter defendants), submitted an affidavit and pretrial testimony stating that they were unaware that the dog was vicious. Furthermore, plaintiff's affidavits in opposition failed to indicate that defendants were aware of any vicious propensities...

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