Trial Needed to Determine Who Was Responsible for Injuries in Dog Attack
LVT Number: #32735
A tenant at landlord's building sued landlord, various other tenants thought to be owners of the dog, and dog walkers after she was attacked by a dog outside the building and injured. The tenant asked the court to rule in her favor without a trial. The court ruled against tenant, finding that there were too many disputed issues of fact for the court to grant any motion to dismiss at this point. The court hadn't seen the building's surveillance video, veterinary records for the tenant's own small dog that was also attacked, any proof that tenant had complained to building management about the attacking dog, or proof that she picked up her own dog and ran as opposed to her claim that she fell down and her dog ran away. The court dismissed tenant's additional claim for negligence since New York doesn't recognize a common-law negligence cause of action to recover damages for injuries caused by a domestic animal.
Erizpohov v. Luna Park Hous. Corp.: Index No. 519751/2019, 2023 NY Slip Op 32536(U)(Sup. Ct. Kings; 7/21/23; Silber, J)