Georgianna v. Gizzy

OPINION OF THE COURT

John R. Tenney, J.

Plaintiff’s minor son was bitten by a dog owned by defendant Gizzy, on premises leased to Gizzy by defendants Quinn. The Quinns move for summary judgment contending that as absentee landlords, they are not liable for the actions of their tenant’s dog.

Generally, a landlord not in possession of the premises is not liable for injuries inflicted by a tenant’s dog. However, he may become liable if he has (1) actual knowledge of the animal’s vicious propensities and (2) has retained substantial control over the premises. (Zwinge v Love, 37 AD2d 874.)

Since there…