Tenant Attacked by Neighbor's Pit Bulls

LVT Number: 19269

Tenant sued landlord after she was attacked by her neighbor's two pit bull dogs. The trial court ruled for tenant, finding that the dog-owner tenant was 40 percent at fault and landlord was 60 percent at fault. The court awarded tenant $350,000 for past pain and suffering, and $350,000 for future pain and suffering. Landlord appealed, and won in part. Landlord received a prior complaint in 1998 that the dogs had killed a poodle. NYCHA didn't schedule a hearing on the matter until 2000. Tenant was attacked shortly before the hearing.

Tenant sued landlord after she was attacked by her neighbor's two pit bull dogs. The trial court ruled for tenant, finding that the dog-owner tenant was 40 percent at fault and landlord was 60 percent at fault. The court awarded tenant $350,000 for past pain and suffering, and $350,000 for future pain and suffering. Landlord appealed, and won in part. Landlord received a prior complaint in 1998 that the dogs had killed a poodle. NYCHA didn't schedule a hearing on the matter until 2000. Tenant was attacked shortly before the hearing. Landlord also had received other complaints about the dogs in 1999 and 2000. The allocation of fault was fair, but the amount of money awarded to tenant wasn't reasonable. The case was sent back for a new trial.

Crawford v. NYCHA: NYLJ, 11/6/06, p. 33, col. 4 (App. Div. 2 Dept.; Florio, JP, Goldstein, Mastro, Fisher, JJ)