KEMPTER v. ERBAN


284 A.D.2d 503 (2001)

726 N.Y.S.2d 713

CYNTHIA KEMPTER et al., Respondents, v. TIMOTHY ERBAN et al., Defendants, and GEORGE MALLES, Appellant.

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

Decided June 25, 2001.


Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellant, the cross motion is denied, and the action against the remaining defendants is severed.

A plaintiff seeking to recover damages from a landlord under a theory of strict liability for a dog bite must prove that the landlord had notice that the dog was being harbored on the premises and that the landlord knew or should...

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