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SMITH v. NEW YORK CITY HOUSING AUTHORITY

304 A.D.2d 646 (2003)

757 N.Y.S.2d 603

ROKEISHA SMITH et al., Appellants, v. NEW YORK CITY HOUSING AUTHORITY, Respondent, et al., Defendant.

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

Decided April 14, 2003.

Ordered that the order is affirmed, with costs.

The defendant New York City Housing Authority (hereinafter the NYCHA) established its entitlement to judgment as a matter of law by presenting admissible evidence that, as landlord, it did not have notice that a dog was being harbored at the subject premises and that the dog had vicious tendencies (see Madaia v Petro, 291 A.D.2d 482, 483 [2002]; see generally Baisi v Gonzalez...

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