To recover on a theory of strict liability in tort for a dog bite or attack, a plaintiff must prove that the dog had vicious propensities, and that the owner knew or should have known of the dog's propensities. Vicious propensities include the propensity to do any act that might endanger the safety of persons or the property of others. Evidence tending to prove that a dog has vicious propensities includes a prior attack; the dog's tendency to growl, snap, or bare its teeth; the manner in which the dog was restrained; and a proclivity to act in a way that puts others at risk.
Lipinsky v. Yarusso, NY Slip Op 05925 (2d Dep't August 29, 2018)
Here is the decision.
