Seiger v. Dercole

• Decision Date: 25 April 2008
• Docket Number: CA 07-01874.
• Parties: JONATHAN SEIGER, Appellant, v. VINCENT DERCOLE et al., Defendants, and MAX PROPERTIES, LTD., Respondent.
• Court: New York Supreme Court — Appellate Division

50 A.D.3d 1524

856 N.Y.S.2d 771

2008 NY Slip Op 03780

JONATHAN SEIGER, Appellant, v. VINCENT DERCOLE et al., Defendants, and MAX PROPERTIES, LTD., Respondent.

CA 07-01874.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided April 25, 2008.

Appeal from an order of the Supreme Court, Monroe County (David M. Barry, J.), entered June 14, 2007. The order granted the motion of defendant Max Properties, Ltd. for summary judgment and dismissed the amended complaint against it.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum:

Plaintiff commenced this action seeking damages for injuries he sustained when a dog owned by defendant Vincent Dercole attacked plaintiff and his dog as they were walking on a street one block south of the premises that Dercole leased from defendant Max Properties, Ltd. (defendant). We conclude that Supreme Court properly granted the motion of defendant seeking summary judgment dismissing the amended complaint against it. "Because the incident did not occur on defendant's property ...[,] defendant owed no duty of care to plaintiff[]" (Ruffin v Dykes, 37 AD3d 1191 [2007]; see Weipert v Oldfield, 298 AD2d 974 [2002]).

Present — Scudder, P.J., Smith, Centra, Peradotto and Pine, JJ.