Mercado v. Ovalle

Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered July 17, 2012, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendants, a grocery store and its owner, established entitlement to judgment as a matter of law. Defendants demonstrated that they did not own or harbor the two pit bulls that attacked plaintiff and did not own or control the adjacent lot on which the dogs were kept (see Smith v City of New York, 68 AD3d 445, 446 [1st Dept 2009]; Williams v City of New York, 306 AD2d 203, 206-207 [1st Dept 2003]).

In…