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GREINER v. BECK

Appellate Division of the Supreme Court of New York, Fourth Department.
Jun 8, 2001

Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum:

Plaintiff commenced this action seeking damages for injuries sustained by her seven-year-old daughter when she was attacked by a dog owned by defendants. Supreme Court erred in denying defendants' motion for summary judgment dismissing the complaint. Defendants established their entitlement to judgment as a matter of law by submitting proof that they lacked any knowledge of the dog's alleged vicious propensities, and plaintiff failed to raise a triable question of fact on that issue ( see, Plennert v. Abel, 269 A.D.2d 796; Perry v. Mikolajczyk, 259 A.D.2d 987).