Gill v. Welch

—Order unanimously affirmed without costs. Memorandum: Special Term properly granted summary judgment to defendant landlord dismissing plaintiff’s action for damages caused when she was bitten by a dog harbored by defendant’s tenant. In support of her motion, defendant landlord submitted sworn testimony at an examination before trial that she had no knowledge of any vicious propensities of her tenant’s dog. Plaintiff has submitted no proof to the contrary (see, Strunk v Zoltanski, 62 NY2d 572). The facts that the dog was kept enclosed in a yard or chained, particularly in view of the town’s…