Craig v. Reed

Appellate Division of the Supreme Court of New York

Craig v. Reed

272 A.D.2d 288, 707 N.Y.S.2d 887, 2000 N.Y. App. Div. LEXIS 4796

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 1, 2000

StatusPublished

Cited by3 cases

This text of 272 A.D.2d 288 (Craig v. Reed) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Craig v. Reed, 272 A.D.2d 288, 707 N.Y.S.2d 887, 2000 N.Y. App. Div. LEXIS 4796 (N.Y. Ct. App. 2000).

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Opinion

—In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Westchester County (Nicolai, J.), entered November 20, 1998, as, upon reargument, adhered to the original determination in an order entered July 29, 1998, granting the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

Where, as here, the plaintiffs seek to recover in strict liability in tort for a dog bite, the plaintiffs must prove that the dog has vicious propensities and that the owner knew or should have known of such propensities (see, Lugo v Angle of Green, 268 AD2d 567).

The defendants’ moving papers established their entitlement to judgment as a matter of law. In opposition to the motion, the plaintiffs failed to come forward with evidence sufficient to raise a triable issue of fact as to whether the defendants’ dog has vicious propensities or whether they knew or should have known of such alleged propensities. Accordingly, the Supreme Court properly granted summary judgment to the defendants. Altman, J. P., Friedmann, McGinity and Smith, JJ., concur.

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—In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Westchester County (Nicolai, J.), entered November 20, 1998, as, upon reargument, adhered to the original determination in an order entered July 29, 1998, granting the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

Where, as here, the plaintiffs seek to recover in strict liability in tort for a dog bite, the plaintiffs must prove that the dog has vicious propensities and that the owner knew or should have known of such propensities (see, Lugo v Angle of Green, 268 AD2d 567).

The defendants’ moving papers established their entitlement to judgment as a matter of law. In opposition to the motion, the plaintiffs failed to come forward with evidence sufficient to raise a triable issue of fact as to whether the defendants’ dog has vicious propensities or whether they knew or should have known of such alleged propensities. Accordingly, the Supreme Court properly granted summary judgment to the defendants. Altman, J. P., Friedmann, McGinity and Smith, JJ., concur.

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Bluebook (online)

272 A.D.2d 288, 707 N.Y.S.2d 887, 2000 N.Y. App. Div. LEXIS 4796, Counsel Stack Legal Research, https://law.counselstack.com/opinion/craig-v-reed-nyappdiv-2000.

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