The Second Department determined that the property owner’s and manager’s motion for summary judgment in a case where a tenant’s dog bit the plaintiff should not have been granted. The court explained the analytical criteria:
“To recover upon a theory of strict liability in tort for a dog bite or attack, a plaintiff must prove that the dog had vicious propensities and that the owner of the dog, or a person in control of the premises where the dog was, knew or should have known of such propensities” … . Vicious propensities include the ” propensity to do any act that might endanger the safety of the persons and property of others in a given situation'” … . “Evidence tending to prove that a dog has vicious propensities includes a prior attack, the dog’s tendency to growl, snap, or bare its teeth, the manner in which the dog was restrained, and a proclivity to act in a way that puts others at risk of harm” … . “To recover against a landlord for injuries caused by a tenant’s dog on a theory of strict liability, the plaintiff must demonstrate that the landlord: (1) had notice that a dog was being harbored on the premises; (2) knew or should have known that the dog had vicious propensities, and (3) had sufficient control of the premises to allow the landlord to remove or confine the dog” … . Velez v Andrejka, 2015 NY Slip Op 01793, 2nd Dept 3-4-15