Smith v. City of New York

*446The verdict finding defendants strictly liable for the dog-bite injuries sustained by the infant plaintiffs is not supported by evidence sufficient to establish that Officer Smith knew or should have known of the dog’s vicious propensities (see Petrone v Fernandez, 12 NY3d 546, 550 [2009]). In the very brief time he spent with the abandoned dog, Smith observed that the dog was friendly, playful, and “rambunctious.” Further, Smith saw plaintiff petting the dog and did not see the dog growling or lunging at any time. Indeed, plaintiff testified that the dog was playful and friendly, both to her…