AMICUS AI
Citation Codes
Equivalent Citations
citation codes
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
Attorney(S)
Judges

MARI CLARK-HUBER, appellant, v. KATHLEEN LEO, respondent.

DECISION ORDER

ORDERED that the order is affirmed, with costs.

The plaintiff was bitten by a dog on premises owned by the defendant and the defendant's in-laws. The plaintiff commenced this action to recover damages under a theory of strict liability. The record is devoid of evidence that the defendant was aware that the dog had vicious propensities or that the dog had displayed such propensities in the past (see, Strunk v. Zoltanski, 62 N.Y.2d 572, 575 ; see also, Nicols v. Cardone, 257 A.D.2d 612 ; Arcara v. Whytas, 219 A.D.2d 871 ; Althoff v. Lefebvre, 240 A.D.2d 604 ). Under the circumstances, summary judgment dismissing the complaint was properly granted.

O'BRIEN, J.P., KRAUSMAN, FLORIO, and H. MILLER, JJ., concur.

Use AI to get other relevant cases.

Comments

CLARK-HUBER v. LEO
(Jan 31, 2000)