GREENE GREENE v. BECKMAN

Reset A A Font size: Print

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

Alicia GREENE, an Infant, by Phylip GREENE and Cheryl Lidlow, her Parents and Natural Guardians, and Phylip Greene and Cheryl Lidlow, Individually, Plaintiffs-Respondents, v. Robert BECKMAN, as Administrator of the Estate of John Conway, Deceased, Defendant-Appellant, et al., Defendants.

Decided: September 28, 2001

PRESENT:  PIGOTT, JR., P. J., GREEN, PINE, SCUDDER and LAWTON, JJ. Allan C. VanDeMark, for defendant-appellant. David W. Foley, for plaintiffs-respondents.

Plaintiffs commenced this action to recover damages for injuries sustained by plaintiff Alicia Greene when she was attacked by a dog owned by defendants Daniel Spencer and Sharon Spencer, who were then living with John Conway at Conway's home.   Supreme Court erred in denying the motion of defendant Robert Beckman, as Administrator of the Estate of John Conway, for summary judgment dismissing the complaint against him.   Beckman established his entitlement to judgment as a matter of law by submitting proof that Conway had no knowledge of the dog's alleged vicious propensities (see, Plennert v. Abel, 269 A.D.2d 796, 704 N.Y.S.2d 417).   Evidence that Sharon Spencer had a close relationship with Conway and that she was aware of a previous incident involving the dog and another child is insufficient to raise a triable issue of fact with respect to Conway's knowledge of the dog's alleged vicious propensities (see, Shannon v. Schultz, 259 A.D.2d 937, 938, 686 N.Y.S.2d 906, lv. denied 93 N.Y.2d 816, 697 N.Y.S.2d 563, 719 N.E.2d 924;  Briggs v. Taggert, 255 A.D.2d 980, 981, 680 N.Y.S.2d 137).

Order unanimously reversed on the law without costs, motion granted and complaint against defendant Robert Beckman, as Administrator of the Estate of John Conway, deceased, dismissed.

MEMORANDUM: