The Second Department determined plaintiffs’ complaint in this dog-bite case was properly dismissed. There was no showing the dog had ever exhibited any vicious propensities:
The evidence submitted in support of [defendants’ motion for summary judgment], including the deposition transcripts of the testimony of each plaintiff and each defendant, established that the defendants were not aware, nor should they have been aware, that this dog had ever bitten anyone or exhibited any aggressive behavior or vicious propensities. The deposition testimony demonstrated that prior to the subject incident, the dog at most merely barked at guests when they first came to the house. The dog did not snap its teeth. It did not chase people. The dog generally stayed in the kitchen, but was not kept away for the safety of others. The infant plaintiff had been a guest on multiple occasions at the defendants’ home without concern about any vicious propensities of the dog. There was no evidence that the dog was trained to guard the home … . Ioveno v Schwartz, 2016 NY Slip Op 04023, 2nd Dept 5-25-16
DOG-BITE (COMPLAINT PROPERLY DISMISSED)/STRICT LIABILITY IN TORT (DOG-BITE COMPLAINT PROPERLY DISMISSED)