980 Fifth Avenue Corp. v. Smith

—Order, Supreme Court, New York County (Diane Lebedeff, J.), entered on or about December 12, 2001, which, to the extent appealed from, granted the cross motion of the Smith defendants for summary judgment dismissing the complaint, and order, same court and Justice, entered March 8, 2002, which, to the extent appealable, denied plaintiffs motion for renewal and leave to serve an amended complaint, unanimously affirmed, with costs.

A dog is not a per se nuisance (see, McCluskey v Wile, 144 App Div 470). Therefore, if plaintiff residential cooperative corporation were to claim successfully that…