New York Court of Appeals

Andrea Collier, as Parent and Natural Guardian for Matthew Collier, an Infant, Appellant v. Charles Zambito…

February 17, 20041 N.Y.3d 444

Summary

The Court affirmed the Appellate Division's grant of summary judgment, holding that the plaintiff failed to show that the defendants knew or should have known of the dog’s vicious propensities; therefore the owners were not strictly liable. The dissent argued that a factual issue existed on the owners' knowledge and that summary judgment should be denied.