SCHEIDT v. OBERG


65 A.D.3d 740 (2009)

883 N.Y.S.2d 661

STEPHEN SCHEIDT, Appellant, v. GARY OBERG et al., Respondents.

Appellate Division of the Supreme Court of New York, Third Department.

Decided August 6, 2009.


Cardona, P.J.

Plaintiff commenced this action alleging that defendants' dog, Ziggy, bit him, causing injury to his hand. Supreme Court granted defendants' motion for summary judgment dismissing the complaint, and plaintiff now appeals.

We affirm. "[A] plaintiff may not recover for injuries sustained in an attack by a dog unless he or she establishes that the dog had vicious propensities and that its owner knew or should have known of such propensities" (

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