BAISI v. GONZALEZ


286 A.D.2d 313 (2001)

728 N.Y.S.2d 697

ANTHONY BAISI et al., Appellants, v. GUSTAVO GONZALEZ et al., Defendants, and WILLIAM GONDA, Respondent.

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

Decided August 6, 2001.


Ordered that the order is affirmed insofar as appealed from, with costs.

Where, as here, a plaintiff seeks to recover against a landlord under a theory of strict liability for a dog bite, the plaintiff must prove that the landlord had notice that a dog was being harbored on the premises, and that the landlord knew or should have known that the dog had vicious propensities (see, Finney v Fraioli, 281 A.D.2d 389; Bemiss...

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