Denagy v. Doscher

New York Supreme Court

Denagy v. Doscher

40 Misc. 2d 643, 243 N.Y.S.2d 575, 1963 N.Y. Misc. LEXIS 1535

CourtNew York Supreme Court

DecidedOctober 14, 1963

StatusPublished

Cited by11 cases

This text of 40 Misc. 2d 643 (Denagy v. Doscher) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Denagy v. Doscher, 40 Misc. 2d 643, 243 N.Y.S.2d 575, 1963 N.Y. Misc. LEXIS 1535 (N.Y. Super. Ct. 1963).

Pincite

Opinion

John P. Cohalan, Jr., J.

Motion of the defendant Doscher to dismiss the complaint for insufficiency as a matter of law, is granted.

The complaint alleges that the defendant Doscher leased to the codefendant Eker premises situate at Smithtown, New York; the defendant Doscher knew that Eker kept a vicious dog upon [644]*644the premises; that the dog attacked the infant plaintiff and injured bim and the infant seeks damages accordingly. There is no allegation that the landlord had any control of the property or any part thereof where the dog was kept. The rule of liability that permits recovery against the owner of a dog who knows of the vicious propensities of the dog has not been extended to a landlord who leased the property to the owner of the dog. (See New York Law of Landlord and Tenant, § 184, pp. 336-338; 5 Warren, New York Negligence, p. 41; Siegel v. 1536-46 St. John’s Place Corp., 184 Misc. 1053.)

The action is severed as to the defendant Doscher and the complaint is dismissed as against him.

Free access — add to your briefcase to read the full text and ask questions with AI

John P. Cohalan, Jr., J.

Motion of the defendant Doscher to dismiss the complaint for insufficiency as a matter of law, is granted.

The complaint alleges that the defendant Doscher leased to the codefendant Eker premises situate at Smithtown, New York; the defendant Doscher knew that Eker kept a vicious dog upon [644]*644the premises; that the dog attacked the infant plaintiff and injured bim and the infant seeks damages accordingly. There is no allegation that the landlord had any control of the property or any part thereof where the dog was kept. The rule of liability that permits recovery against the owner of a dog who knows of the vicious propensities of the dog has not been extended to a landlord who leased the property to the owner of the dog. (See New York Law of Landlord and Tenant, § 184, pp. 336-338; 5 Warren, New York Negligence, p. 41; Siegel v. 1536-46 St. John’s Place Corp., 184 Misc. 1053.)

The action is severed as to the defendant Doscher and the complaint is dismissed as against him.

Cite This Page — Counsel Stack

Bluebook (online)

40 Misc. 2d 643, 243 N.Y.S.2d 575, 1963 N.Y. Misc. LEXIS 1535, Counsel Stack Legal Research, https://law.counselstack.com/opinion/denagy-v-doscher-nysupct-1963.

Opinion

Related

Cite This Page — Counsel Stack