MADAIA v. PETRO

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

The infant plaintiff, Gregory Michael Madaia, was bitten by a dog owned by the defendant Debra Petro in premises that she leased from the defendant Dawn Donovan a/k/a Dawn Egbert, an out-of-possession landlord. Where, as here, the plaintiffs seek to recover against a landlord under a theory of strict liability for a dog bite, they must prove that the landlord had notice that the dog was being harbored on the premises, and that the landlord knew or should have known that the dog had vicious propensities (see, Bemiss v. Acken, 273 A.D.2d 332; Lebron v. New York City Hous. Auth., 268 A.D.2d 563). After Donovan submitted evidentiary proof that she lacked any knowledge of the existence of the dog on the subject premises, the plaintiffs failed to raise a triable issue of fact.

ALTMAN, J.P., SMITH, KRAUSMAN, McGINITY and COZIER, JJ., concur.