Strunk v. Zoltanski

In Strunk v. Zoltanski, 62 N.Y.2d 572, 468 N.E.2d 13, 479 N.Y.S.2d 175 (1984), the defendant landlord appealed from the decision of the trial court denying her motion for summary judgment. Id. at 574. In that case, an action was brought against a landlord for injuries received by an infant plaintiff when the tenant's dog attacked and bit the plaintiff on the mouth and arm. Id. at 574-75. In April, 1979, the prospective tenant was living in one of the landlord's houses on a six acre parcel. Id. at 574. At that time, the tenant had not yet signed a lease with the landlord. Id. The landlord testified that she had observed the tenant's dog barking and "'acting ferocious'"; id.; while tied up on the landlord's property. One month later, in May, 1979, the landlord leased the residence to the tenant. Id. Later that month, the tenant offered to give his dog to the victim. Id. The victim and his mother followed the tenant to the tenant's house to see the dog. Id. While the tenant and the victim went to untie the dog, the dog attacked the victim. Id. at 574-75. The attack occurred on the leased property. Id. The New York Court of Appeals affirmed the denial of the motion for summary judgment, but limited its decision to the peculiar circumstances of the case, stating that issues of material fact existed as to the landlord's knowledge of the presence of the dog and of its vicious propensities. Id. at 578. The court stated that the "liability, if any, of the landlord would be predicated on a jury finding that, at the time of the initial leasing of the premises to the tenant, the landlord knew both of the prospective presence of the dog and its vicious propensities." Id. Thus, under Strunk, to hold the landlord liable, the jury would be required to find that at the time of the initial leasing, the landlord had actual knowledge of (1) the presence of the dog and (2) the dog's vicious propensities. See id. Judge Kaye concluded that both from the nature of the attack (including the injuries sustained), and the inherent nature of the particular breed, vicious propensities and knowledge of them could be inferred: "Knowledge of vicious propensities has been implied from the fact that a dog was kept as a watchdog , from the fact that the dog was a German Shepherd, a breed said to have inherited vicious tendencies from 'wolf ancestors' , and from the viciousness of the attack itself."