Opinion
June 23, 1997
Appeal from the Supreme Court, Nassau County (Bucaria, J.).
Ordered that the order is reversed, on the law, with costs, and the motion is denied.
The infant plaintiff was bitten by a dog owned by the decedent Doris Belyski and harbored at the residence of the defendants Guy and Josephine Pedone, where the decedent had resided. One who harbors a domestic animal will be held liable for injuries caused by the animal if that person knows or should know that the animal has vicious propensities ( cf., Arbegast v. Board of Educ., 65 N.Y.2d 161; Lynch v. Nacewicz, 126 A.D.2d 708). Summary judgment was improperly granted here since a question of fact was presented as to whether the respondents knew or should have known, on the day of the incident, that the dog exhibited vicious propensities.
Mangano, P.J., Copertino, Florio and McGinity, JJ., concur.