Briggs v. Taggert

—Order unanimously reversed on the law without costs, motion granted and complaint against defendant Donald Wells dismissed. Memorandum: Supreme Court erred in denying the motion of Donald Wells (defendant) for summary judgment dismissing the complaint against him. Plaintiff brought this action to recover damages for injuries *981sustained by his four-year-old daughter when she was attacked by a dog owned by defendant’s tenants. Defendant established his entitlement to judgment as a matter of law by submitting proof that he was not aware of the dog’s alleged vicious propensities (see, Mehl v…