Zwinge v. Love

Appeal from an order of the Supreme Court at Special Term, entered December 14, 1970 in Rensselaer County, which denied a motion by defendant for summary judgment. Although the owner of a dog, which he knows or has reason to know has a vicious propensity, is liable for injuries caused by it (Lagoda v. Dorr, 28 A D 2d 208), as well as the harborer or keeper of such an animal (Quilty v. Battie, 135 N. Y. 201, 204), such a rule of liability has not been extended to a landlord who merely leases the realty to the owner of the dog (Denagy v. Doscher, 40 Misc 2d 643; cf. Laguttuta v. Chisolm, 65…