Opinion
October 6, 1997
Appeal from the Supreme Court, Kings County (Rappaport, J.).
Ordered that the order is reversed, on the law, with one bill of costs, the motion is granted, the complaint and all cross claims insofar as asserted against the appellant are dismissed, and the action against the remaining defendant is severed.
The infant plaintiff was bitten by a dog owned by the defendant George Grivas. The incident occurred on the houseboat Grivas resided, which was moored at a slip Grivas rented from the appellant. We conclude that the appellant's motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against it should have been granted. The plaintiffs failed to demonstrate that the breach of a duty, if any, owed to them by the appellant was a proximate cause of the infant plaintiff's injury ( see, Ventricelli v. Kinney Sys. Rent A Car, 45 N.Y.2d 950, 952).
O'Brien, J.P., Sullivan, Altman and McGinity, JJ., concur.