RUFFIN v. DYKES (2007)

Supreme Court, Appellate Division, Fourth Department, New York.

Christine RUFFIN, Individually and as Parent and Natural Guardian of C.R., Plaintiff-Respondent, v. Crayg DYKES, Defendant-Appellant, et al., Defendant.

Decided: February 02, 2007

PRESENT: SCUDDER, P.J., HURLBUTT, GORSKI, AND PINE, JJ.

Hiscock & Barclay, LLP, Syracuse (Kevin M. Hayden of Counsel), for Defendant-Appellant. Stanley Law Offices, Syracuse (Robert A. Quattrocci of Counsel), for Plaintiff-Respondent.

Crayg Dykes (defendant) appeals from an order denying his motion to dismiss the complaint against him pursuant to CPLR 3211(a)(7) for failure to state a cause of action. Plaintiff commenced this action seeking damages for injuries sustained by her son when he was attacked in plaintiff's yard by a dog owned by defendant Dana Heines, defendant's tenant. Because the incident did not occur on defendant's property and therefore defendant owed no duty of care to plaintiff's son (see Weipert v. Oldfield, 298 A.D.2d 974, 748 N.Y.S.2d 123; Shen v. Kornienko, 253 A.D.2d 396, 676 N.Y.S.2d 593; Terrio v. Daggett, 208 A.D.2d 1163, 617 N.Y.S.2d 585), we conclude that Supreme Court erred in denying defendant's motion. We therefore reverse the order, grant the motion and dismiss the complaint against defendant.

It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is granted and the complaint against defendant Crayg Dykes is dismissed.

MEMORANDUM:

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