New York Court of Appeals, 2002

Baisi v. Gonzalez

New York Court of Appeals · Decided January 15, 2002 · Chief Judge Kaye and Judges Smith, Levine, Ciparick, Wesley, Rosenblatt and Graffeo Concur

765 N.E.2d 295; 97 N.Y.2d 694; 739 N.Y.S.2d 92; 2002 N.Y. LEXIS 93 (North Eastern Reporter, Second Series)

Cases that cite this one

11 later published cases cite this decision.

Smith v. New York City Housing Authority (Appellate Division of the Supreme Court of New York 2003)
Michael P. v. Dombroski (Appellate Division of the Supreme Court of New York 2022)
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)
Jones v. Pennsylvania Meat Market (Appellate Division of the Supreme Court of New York 2010)
Ali v. Weigand (Appellate Division of the Supreme Court of New York 2007)
Bennett v. White (Appellate Division of the Supreme Court of New York 2007)
Loper v. Dennie (Appellate Division of the Supreme Court of New York 2005)
Woodman v. Rosier (Appellate Division of the Supreme Court of New York 2003)
Folson v. Marrero (Appellate Division of the Supreme Court of New York 2003)
Mulhern v. Chai Management (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

*695 OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and defendant landlord’s motion for summary judgment dismissing the complaint insofar as asserted against him denied.

There are issues of fact both as to the landlord’s knowledge of the presence of a dog with vicious propensities on the property and as to the landlord’s control of the premises so as to allow him to remove or confine the animal. Summary judgment therefore should not have been granted (see, Strunk v Zoltanski, 62 NY2d 572, 575).

Chief Judge Kaye and Judges Smith, Levine, Ciparick, Wesley, Rosenblatt and Graffeo concur.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order reversed, with costs, and defendant Gonda’s motion for summary judgment dismissing the complaint insofar as asserted against him denied, in a memorandum.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.