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

Summary

The New York Court of Appeals affirmed the Appellate Division's grant of summary judgment dismissing the plaintiff's claim, holding that the evidence was insufficient to show the dog had vicious propensities known or should have been known to the owners. The court reasoned that confinement of the dog because it barked does not infer knowledge of dangerous tendencies. Justice G.B. Smith dissented, arguing that a genuine issue of fact existed regarding the owners' knowledge and the child's vulnerability.