From Casetext: Smarter Legal Research

Longstreet v. Peltz

Appellate Division of the Supreme Court of New York, Second Department
Oct 10, 2006
33 A.D.3d 673 (N.Y. App. Div. 2006)

Opinion

No. 2005-09359.

October 10, 2006.

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Westchester County (Bellantoni, J.), entered September 14, 2005, which denied his motion for summary judgment dismissing the complaint.

Before: Miller, J.P., Ritter, Spolzino and Dillon, JJ., concur.


Ordered that the order is reversed, on the law, with costs, and the motion is granted.

The plaintiff, a nanny for the defendant's child, allegedly was injured when she was bitten by the defendant's dog. In support of his motion for summary judgment dismissing the complaint, the defendant made a prima facie showing of entitlement to judgment as a matter of law by demonstrating that the dog neither had "vicious propensities" nor "behave[d] in a manner that . . . reflects a proclivity to act in a way that puts others at risk of harm" ( Bard v Jahnke, 6 NY3d 592, 597 [internal quotation marks omitted]). In opposition, the plaintiff failed to raise a triable issue of fact ( see Collier v Zambito, 1 NY3d 444; Vitrella v Rodrigues, 11 AD3d 287; Blackstone v Hay ward, 304 AD2d 941; Sers v Manasia, 280 AD2d 539, 540). Accordingly, the Supreme Court should have granted the defendant's motion for summary judgment dismissing the complaint. In light of this determination, we need not address the issues raised in connection with the defendant's workers' compensation defense.


Summaries of

Longstreet v. Peltz

Appellate Division of the Supreme Court of New York, Second Department
Oct 10, 2006
33 A.D.3d 673 (N.Y. App. Div. 2006)
Case details for

Longstreet v. Peltz

Case Details

Full title:EMMA LONGSTREET, Respondent, v. NELSON PELTZ, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 10, 2006

Citations

33 A.D.3d 673 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 7330
821 N.Y.S.2d 899

Citing Cases

Sherman v. Torres

The defendants satisfied their prima facie burden of demonstrating their entitlement to judgment as a matter…

Scerri v. Walsh

The Supreme Court properly determined that the plaintiffs established their entitlement to judgment as a…