SMITH, JOHN F. v. REILLY, MARIJANE

Scudder, P.J., and Smith, J. (dissenting).

We respectfully dissent inasmuch as we conclude that Supreme Court erred in denying defendant’s motion seeking summary judgment dismissing the complaint. It is well settled that the sole viable claim against the owner of a domestic animal that causes injury is for strict liability and, to establish such liability, there 'must be evidence that the animal’s owner had notice of its vicious propensities. The Court of Appeals has often “restated [its] long-standing rule That the owner of a domestic animal who either knows or should have known of that…