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PHILLIPS v. COFFEE TO GO., INC.

269 A.D.2d 123 (2000)

703 N.Y.S.2d 13

JOHN PHILLIPS, Respondent, v. COFFEE TO GO., INC., Appellant, et al., Defendant.

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

Decided February 1, 2000.

Plaintiff was bitten by defendant Waxman's dog at a location outside the fencing around the defendant restaurant's outdoor seating area. In order to impose liability on the premises owner, plaintiff "must establish that the defendant knew of the dog's presence on the premises and its vicious propensities, and that the defendant had control of the premises or otherwise had the ability to remove or confine the dog" (Pringle v...

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