Strunk v. Zoltanski
New York Court of Appeals
POINTS OF COUNSEL Defendant-appellant, absentee landlord, should not be held liable to plaintiff, who was a guest of a tenant in exclusive possession and control of the demised premises, for injuries sustained by plaintiff guest when he was bitten by the tenant’s dog.
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POINTS OF COUNSEL Defendant-appellant, absentee landlord, should not be held liable to plaintiff, who was a guest of a tenant in exclusive possession and control of the demised premises, for injuries sustained by plaintiff guest when he was bitten by the tenant’s dog. (Carlisle v Cassasa, 234 App Div 112; Ford v Steindon, 35 Mise 2d 339; Kelley v Hitzig, 71 Mise 2d 329, 86 Mise 2d 42; Shuffian v Garfola, 9 AD2d 910; Brice v Bauer, 108 NY 428; Muller v McKesson, 73 NY 195; Quilty v Battle, 135 NY 201; Zwinge v Love, 37 AD2d 874; Denagy v Doscher, 40 Mise 2d 643; Laguttuta v Chisolm, 65 App Div…
1Opinion of the Court
OPINION OF THE COURT
Jones, J.
A landlord who, with knowledge that a prospective tenant has a vicious dog which will be kept on the premises, nonetheless leases the premises to such tenant without taking reasonable measures, by pertinent provisions in the *574lease or otherwise, to protect persons who might be on the premises from being attacked by the dog may be held liable to a person who while thereafter on the premises is bitten by the dog.
Plaintiff here seeks to recover damages from the landlord for injuries suffered when he was bitten by a dog owned by the tenant. After the landlord had filed…
2Cases cited6 opinions
- Bovsun v. SanperiNew York Court of Appeals · 1984
- Zwinge v. LoveAppellate Division of the Supreme Court of the State of New York · 1971
- Gilbert v. ChristiansenSupreme Court of Minnesota · 1977
- Denagy v. DoscherNew York Supreme Court · 1963
- Theobald v. Grey Public Relations, Inc.Appellate Division of the Supreme Court of the State of New York · 1972
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3Cited by120 opinions
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- Eric Gross and Adrianne Gross v. Elizabeth Turner and Antonio FloresSupreme Court of Vermont · 2018
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