Ortiz v. New York City Housing Authority

Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered November 30, 2011, which granted defendant *653New York City Housing Authority’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

NYCHA established prima facie entitlement to summary judgment by submitting evidence showing that it was not aware that a tenant had been harboring the pit bull that attacked infant plaintiff (see Strunk v Zoltanski, 62 NY2d 572, 575 [1984]). Even if knowledge of the dog’s presence could be imputed, the evidence shows that NYCHA neither knew nor should…