Carter v. Metro North Associates

Plaintiff, a 72-year-old resident of defendants’ apartment complex, seeks to hold defendants liable for personal injuries sustained during an attack by a pit bull owned by another ten*253ant. The standard leases issued by defendants prohibited tenants from keeping pets on the premises. Despite defendants’ knowledge of this dog’s presence, the lease provision was not enforced and the dog was permitted to remain.

The majority holds that summary judgment should have been granted to defendants because no evidence was produced by the plaintiff showing that this pit bull had vicious propensities, and…