Madaia v. Petro
Cases that cite this one
9 later published cases cite this decision.
- AI v. Minfen Chen (New York Supreme Court, Richmond County 2024)
- AI v. Minfen Chen (New York Supreme Court, Richmond County 2024)
- Logie v. Lester (Appellate Division of the Supreme Court of New York 2019)
- Velez v. Andrejka (Appellate Division of the Supreme Court of New York 2015)
- McKnight v. ATA Housing Corp. (Appellate Division of the Supreme Court of New York 2012)
- White v. Kings Village Corp. (Appellate Division of the Supreme Court of New York 2005)
- Young v. Tirrell (Appellate Division of the Supreme Court of New York 2003)
- Smith v. New York City Housing Authority (Appellate Division of the Supreme Court of New York 2003)
- Wilson v. Livingston (Appellate Division of the Supreme Court of New York 2003)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
βIn an action to recover damages
Ordered that the order is affirmed insofar as appealed from, with costs.
The infant plaintiff, Gregory Michael Madaia, was bitten by a dog owned by the defendant Debra Petro in premises that she leased from the defendant Dawn Donovan also known as Dawn Egbert, an out-of-possession landlord. Where, as here, the plaintiffs seek to recover against a landlord under a theory of strict liability for a dog bite, they must prove that the landlord had notice that the dog was being harbored on the premises, and that the landlord knew or should have known that the dog had vicious propensities (see, Bemiss v Acken, 273 AD2d 332; Lebron v New York City Hous. Auth., 268 AD2d 563). After Donovan submitted evidentiary proof that she lacked any knowledge of the existence of the dog on the subject premises, the plaintiffs failed to raise a triable issue of fact. Altman, J.P., Smith, Krausman, McGinity and Cozier, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.