Was Landlord Responsible for Dog Attack at Building?

LVT Number: #26088

Tenant's home care aide sued another tenant and landlord's property manager after she was attacked by the other tenant's dog--an American Staffordshire Terrier--in the building courtyard. The property manager claimed that it wasn't responsible and asked the court to dismiss the case without a trial. The court ruled for the property manager. The aide appealed, and the case was reopened.

Tenant's home care aide sued another tenant and landlord's property manager after she was attacked by the other tenant's dog--an American Staffordshire Terrier--in the building courtyard. The property manager claimed that it wasn't responsible and asked the court to dismiss the case without a trial. The court ruled for the property manager. The aide appealed, and the case was reopened. There were genuine questions concerning whether the dog had vicious tendencies, whether the property manager knew this, and whether the property manager had sufficient control of the premises to permit landlord to remove or confine the dog. A trial was needed to determine the facts. 

Velez v. Andrejka: 126 A.D.3d 685, 2015 NY Slip Op 01793 (App. Div. 2 Dept.; 3/4/15; Rivera, JP, Miller, Hinds-Radix, Duffy, JJ)