New York Court of Appeals

Brian Strunk v. Joseph Zoltanski, and Sophie Zoltanski

July 3, 198462 N.Y.2d 572

Summary

The Court of Appeals affirmed the Appellate Division's denial of summary judgment, holding that a landlord who knows a tenant will keep a vicious dog and has the ability to control the premises must take reasonable precautions to protect third persons, creating a duty that may render the landlord liable. Justice Kaye dissented, arguing that the majority improperly expands landlord liability.