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BAISI v. GONZALEZ

97 N.Y.2d 694 (2002)

765 N.E.2d 295

739 N.Y.S.2d 92

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

Court of Appeals of the State of New York.

Decided January 15, 2002.

Attorney(s) appearing for the Case

Higgins & Trippett L. L. P., New York City (Lewis P. Trippett of counsel), for appellants.

Penino & Moynihan, L. L. P., White Plains (Stephen J. Penino of counsel), for respondent.

Before: Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and defendant landlord's motion for summary judgment dismissing the complaint insofar as asserted against him denied.

There are issues of fact both as to the landlord's knowledge of the presence of a dog with vicious propensities on the property and as to the landlord's control of the premises so as...

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