Opinion
547N
May 2, 2002.
Order, Supreme Court, New York County (Michael Stallman, J.), entered on or about April 13, 2001, which denied plaintiff's motion to vacate an underlying default pursuant to CPLR 5015 and to restore the matter to active status, unanimously affirmed, without costs.
WARREN L. MILLMAN, for plaintiff-appellant.
JOSEPH C. FEGAN, for defendants-respondents.
Before: Tom, J.P., Mazzarelli, Rosenberger, Wallach, Marlow, JJ.
In this action in which plaintiff allegedly was bitten by a dog owned by a tenant, we agree with the motion court that the complaint, as pleaded, evinces no meritorious cause of action against the landlord, specifically as to whether the landlord knew of the dog's presence and had notice of its vicious propensities (Carter v. Metro North Associates, 255 A.D.2d 251; Rivers v. New York City Housing Authority, 264 A.D.2d 342; LePore v. DiCarlo, 272 A.D.2d 878, lv denied 95 N.Y.2d 761; Yeostros v. Jackson, 258 A.D.2d 886).
Motion seeking leave to strike record denied.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.