Dykeman v. Heht

(dissenting and voting to reverse the order insofar as appealed from and grant that branch of the defendant’s motion which was for summary judgment dismissing the cause of action sounding in strict liability, with the following memorandum): I respectfully dissent. The circumstances of this action are indistinguishable from those in Brooks v Parshall (25 AD3d 853 [2006]). In this action and in Brooks, a child was bitten by a dog in the home of the dog’s owners. In both cases, the dogs in question had exhibited no prior vicious propensities, but had growled and bared teeth at guests at the home…