Goldberg v. Aaron

—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Westchester County (Rosato, J.), entered October 29, 1998, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

*295The plaintiff Samuel Goldberg was injured when a stray dog, which had wandered onto the defendants’ property, attacked and bit him. When a plaintiff seeks to recover in strict liability in tort for a dog bite, the plaintiff must prove that the dog has vicious propensities and that the…