Harris v. Kasperak

Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: In this action commenced by plaintiffs to recover for personal injuries sustained by the infant plaintiff when defendant’s Irish Setter dog allegedly bit her about her face, defendant moved for summary judgment dismissing the complaint. Supreme Court denied his motion. We reverse.

An owner of a domestic animal is not liable for injuries caused by the animal unless he knows or should have known of its vicious propensities (see, Muller v McKesson, 73 NY 195; DeVaul v Carvigo Inc., 138 AD2d…