Shen v. Kornienko

Appellate Division of the Supreme Court of New York

Shen v. Kornienko

253 A.D.2d 396, 676 N.Y.S.2d 593, 1998 N.Y. App. Div. LEXIS 9185

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

DecidedAugust 27, 1998

StatusPublished

Cited by10 cases

This text of 253 A.D.2d 396 (Shen v. Kornienko) 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

Shen v. Kornienko, 253 A.D.2d 396, 676 N.Y.S.2d 593, 1998 N.Y. App. Div. LEXIS 9185 (N.Y. Ct. App. 1998).

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Opinion

—Order, Supreme Court, Bronx County (Barry Salman, J.), entered January 28, 1998, which, to the extent appealed from, denied the motion by defendant-appellant Ann Zuckerman for summary judgment, unanimously reversed, on the law, without costs or disbursements, and the motion granted. The Clerk is directed to enter judgment in favor of defendant-appellant dismissing the complaint.

This is an action for personal injuries arising from a dog biting plaintiff at or near a two-family home owned by defendant-appellant Zuckerman at 5914 Spencer Avenue in the Bronx. The record indicates that the incident occurred outside the premises of 5914 Spencer Avenue and then continued between 5914 and 5926 Spencer Avenue. The landlord has no responsibility to passersby who are injured outside the landlord’s premises (Rodriguez v Oak Point Mgt., 87 NY2d 931). Concur— Lerner, P. J., Sullivan, Nardelli, Rubin and Saxe, JJ.

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—Order, Supreme Court, Bronx County (Barry Salman, J.), entered January 28, 1998, which, to the extent appealed from, denied the motion by defendant-appellant Ann Zuckerman for summary judgment, unanimously reversed, on the law, without costs or disbursements, and the motion granted. The Clerk is directed to enter judgment in favor of defendant-appellant dismissing the complaint.

This is an action for personal injuries arising from a dog biting plaintiff at or near a two-family home owned by defendant-appellant Zuckerman at 5914 Spencer Avenue in the Bronx. The record indicates that the incident occurred outside the premises of 5914 Spencer Avenue and then continued between 5914 and 5926 Spencer Avenue. The landlord has no responsibility to passersby who are injured outside the landlord’s premises (Rodriguez v Oak Point Mgt., 87 NY2d 931). Concur— Lerner, P. J., Sullivan, Nardelli, Rubin and Saxe, JJ.

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Bluebook (online)

253 A.D.2d 396, 676 N.Y.S.2d 593, 1998 N.Y. App. Div. LEXIS 9185, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shen-v-kornienko-nyappdiv-1998.

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