AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

SUSANA HAN, ETC., ET AL., respondents, v. F M ENTERPRISE OF CORONA CORP., ETC., appellant.

ORDERED that the order is affirmed insofar as appealed from, with costs.

Where, as here, a plaintiff seeks to recover in strict liability for a dog bite, the plaintiff must prove that the dog had vicious propensities and that the owner or the person in control of the premises where the dog was kept knew or should have known of such propensities (see White v. Bruner, 233 A.D.2d 439; Strunk v. Zoltanski, 62 N.Y.2d 572). Here, there exist triable issues of fact as to whether the subject dog had vicious propensities, and if so, whether those propensities were known or should have been known to the defendant (see Beljean v. Maiuzzo, 256 A.D.2d 533; Coon v. Holmes, 253 A.D.2d 731; Moriano v. Schmidt, 133 A.D.2d 72).

RITTER, J.P., FEUERSTEIN, O'BRIEN, H. MILLER and TOWNES, JJ., concur.

Use AI to get other relevant cases.

Comments

HAN v. F M ENTERPRISE OF CORONA CORP
(Apr 15, 2002)