Legal Opinion
Lugo v. Angle of Green, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided January 31, 2000PublishedCited by 23 opinions
1Opinion of the Court
—In an action to recover damages for personal injuries, the plaintiffs appeal from an order of the Supreme Court, Nassau County (Bucaria, J.), dated June 19, 1998, which granted the defendants’ respective motions for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
Where, as here, the plaintiffs seek to recover in strict liability in tort for a dog bite, the plaintiffs must prove that the dog has vicious propensities and that the owner or the person in control of the premises where the dog was kept knew or should have known of such propensities (see,…
2Cases cited4 opinions
- Strunk v. ZoltanskiNew York Court of Appeals · 1984
- Arcara v. WhytasAppellate Division of the Supreme Court of the State of New York · 1995
- White v. BrunerAppellate Division of the Supreme Court of the State of New York · 1996
- Altmann v. Emigrant Savings BankAppellate Division of the Supreme Court of the State of New York · 1998
3Cited by23 opinions
- Palumbo v. NikirkAppellate Division of the Supreme Court of the State of New York · 2009
- Colarusso v. DunneAppellate Division of the Supreme Court of the State of New York · 2001
- Roche v. BryantAppellate Division of the Supreme Court of the State of New York · 2011
- Sers v. ManasiaAppellate Division of the Supreme Court of the State of New York · 2001
- Galgano v. Town of North HempsteadAppellate Division of the Supreme Court of the State of New York · 2007
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