ERNESTINE WALKER AND RONNIE LEE WALKER PLAINTIFFS RESPONDENTS v. NEIL GOLD AND SUSAN MATTICK GOLD DEFENDANTS APPELLANTS (2010)

MEMORANDUM AND ORDER

It is hereby ORDERED that the order so appealed from is unanimously reversed on the law without costs, the motion is granted and the amended complaint is dismissed.

Memorandum:  Defendants appeal from an order denying their motion for summary judgment dismissing the amended complaint.   Plaintiffs commenced this action seeking damages for injuries sustained by Ernestine Walker (plaintiff) when she was attacked by three dogs owned by defendants' tenants.   When plaintiff was attacked, she was on the sidewalk across the street from defendants' property.   Inasmuch as “the incident did not occur on defendant[s'] property and therefore defendant[s] owed no duty of care to [plaintiff], ․ Supreme Court erred in denying defendant[s'] motion” (Ruffin v. Dykes, 37 AD3d 1191;  see Seiger v. Dercole, 50 AD3d 1524;  Weipert v. Oldfield, 298 A.D.2d 974).   We therefore reverse the order, grant the motion and dismiss the amended complaint.

Patricia L. Morgan

Clerk of the Court