FINNEY v. FRAIOLI


281 A.D.2d 389 (2001)

721 N.Y.S.2d 274

ALLAN FINNEY, Individually and as Parent and Natural Guardian of STACEY FINNEY, an Infant, Respondent, v. CARLO FRAIOLI, Appellant, et al., Defendant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided March 5, 2001.


Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellant, and the action against the remaining defendant is severed.

A plaintiff seeking to recover against a landlord under a theory of strict liability for a dog bite must prove that the landlord had notice that the dog was being harbored on the premises and that the landlord knew or should have known that the dog had vicious...

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