Practice point: Defendant-landlord established prima facie that it neither knew nor had reason to know that tenant's dog had vicious propensities. Although the building superintendent testified that other tenants were afraid of the pit bull, he also said that he had never received any complaints about the animal or saw it acting aggressively. He noted that, when he encountered the dog in the hallway, the dog passed him "at ease."
Students should note that plaintiff's testimony that, on the day before the attack, the dog had growled at him does not support the inference that defendant knew or should have known of the dog's vicious propensities. Nor is it significant that the tenant allegedly tied the dog when it was in the apartment, absent evidence that he did so because he feared that the dog would attack a visitor.
The case is Orozco v. 725 S. Blvd., LLC, NY Slip Op 01706 (1st Dept. 2011
Tomorrow's issue is Landlord-Tenant Law.
