LUGO, JR. v. ANGLE OF GREEN, INC.


268 A.D.2d 567 (2000)

702 N.Y.S.2d 608

GIL F. LUGO, JR., et al., Appellants, v. ANGLE OF GREEN, INC., Doing Business as THIRSTY BEVERAGE, et al., Respondents.

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

Decided January 31, 2000.


Ordered that the order is affirmed, with costs.

Where, as here, the plaintiffs seek to recover in strict liability in tort for a dog bite, the plaintiffs must prove that the dog has vicious propensities and that the owner or the person in control of the premises where the dog was kept knew or should have known of such propensities (see, White v Bruner, 233 A.D.2d 439; Strunk v Zoltanski, 62 N.Y.2d...

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