Ioveno Ex Rel. Ioveno v. Schwartz, 139 A.D.3d 1012 (N.Y. App. Div. 2016). · Go Syfert
Ioveno Ex Rel. Ioveno v. Schwartz, 139 A.D.3d 1012 (N.Y. App. Div. 2016). Cases Citing This Book View Copy Cite
37 citation events (37 in the last 25 years) across 5 distinct courts.
Strongest positive: Monaco v. Korte (nysuprctfflk, 2026-03-19)
Treatment trajectory · 2016 → 2026 · click a year to view as-of
2016 2021 2026
Top citers, strongest first. 6 distinct citers. How cited ↗
discussed Cited as authority (rule) Monaco v. Korte (2×)
N.Y. Sup. Ct., Suffolk Cty. · 2026 · confidence medium
To recover in strict liability for injuries caused from a dog bite or attack, a plaintiff must establish that the dog's owner knew or should have known of the dog's vicious propensities [*4]( Flanders v Goodfellow, 44 NY3d 57, 63, 240 NYS3d 705 [2025]; Collier v Zambito, 1 NY3d 444, 775 NYS2d 205 [2004]; Ioveno v Schwartz, 139 AD3d 1012, 1012, 32 NYS3d 297 [2d Dept 2016]; Matthew H. v County of Nassau, 131 AD3d 135, 144, 14 NYS3d 38 [2d Dept. 2015]). [FN1] "Vicious propensities include 'the propensity to do any act that might endanger the safety of the persons and property of others in a given…
discussed Cited as authority (rule) Christopher P. v. Kathleen M.B.
N.Y. App. Div. · 2019 · confidence medium
"Evidence tending to demonstrate a dog's vicious propensities includes evidence of a prior attack, the dog's tendency to growl or snap or bare its teeth, the manner in which the dog was restrained, the fact that the dog was kept as a guard dog, and a proclivity to act in a way that puts others at risk of harm" ( Ioveno v Schwartz , 139 AD3d 1012, 1012 [2d Dept 2016], lv denied 28 NY3d 905 [2016]; see Bard v Jahnke , 6 NY3d 592, 597 [2006]; Collier , 1 NY3d at 447 ).
discussed Cited as authority (rule) Xin Kai Li v. Miller
N.Y. App. Div. · 2017 · confidence medium
Here, in support of their motion for summary judgment dismissing the complaint, the defendants established, prima facie, that the subject dog did not have vicious propensities (see Collier v Zambito, 1 NY3d at 447 ; Ioveno v Schwartz, 139 AD3d 1012, 1013 [2016]; Jackson v Georgalos, 133 AD3d 719, 720 [2015]; Roche v Bryant, 81 AD3d at 708 ; Ayres v Martinez, 74 AD3d at 1002).
discussed Cited as authority (rule) Kraycer v. Fowler St., LLC
N.Y. App. Div. · 2017 · confidence medium
Fowler met its prima facie burden for judgment as a matter of law by demonstrating that it was not aware, nor should it have been aware, that the dog had any vicious propensities (see Sooji Kim v Hong, 143 AD3d 804 [2016]; Ioveno v Schwartz, 139 AD3d 1012, 1012-1013 [2016]; Vallejo v Ebert, 120 AD3d 797, 798 [2014]; Levine v Kadison, 70 AD3d 651, 652 [2010]; Merino v Martinez, 63 AD3d 1123, 1124 [2009]).
discussed Cited "see" Slotnick v. Chaikin
N.Y. App. Div. · 2025 · signal: see · confidence high
"To recover upon a theory of strict liability in tort for a dog bite or attack, a plaintiff must prove that the dog had vicious propensities and that the owner of the dog . . . knew or should have known of such propensities" ( Palumbo v Nikirk , 59 AD3d 691, 691 ; see Drakes v Bakshi , 175 AD3d 465 , 465). "'Vicious propensities include the propensity to do any act that might endanger the safety of the persons and property of others in a given situation'" ( King v Hoffman , 178 AD3d 906 , 908, quoting Bard v Jahnke , 6 NY3d 592, 596-597 ). "'Evidence tending to demonstrate a dog's vicious prop…
discussed Cited "see" BRADY, NANCY J. v. CONTANGELO, TIMOTHY J.
N.Y. App. Div. · 2017 · signal: see · confidence high
It is well established that “an animal that behaves in a manner that would not necessarily be considered dangerous or ferocious, but nevertheless reflects a proclivity to act in a way that puts others at risk of harm, can be found to have vicious propensities — albeit only when such proclivity results in the injury giving rise to the lawsuit” (Collier v Zambito, 1 NY3d 444, 447 [2004]; see Ioveno v Schwartz, 139 AD3d 1012, 1012 [2016], lv *1546 denied 28 NY3d 905 [2016]; Dickinson v Uschold, 11 AD3d 1036, 1037 [2004]).
Retrieving the full opinion text from the archive…
Kevin Ioveno, an Infant, by His Father and Natural Guardina, Joseph Ioveno, Et Al., Appellants,
v.
Jason Schwartz Et Al., Respondents
2015-05609.
Appellate Division of the Supreme Court of the State of New York.
May 25, 2016.
139 A.D.3d 1012
Barros, Cohen, Hall, Miller.
Cited by 21 opinions  |  Published

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Molia, J.), dated April 6, 2015, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

On July 28, 2012, the infant plaintiff, then 10 years old, allegedly was bitten in the upper lip by the defendants’ dog at the defendants’ house in Suffolk County. The infant plaintiff was a friend of the defendants’ son, and had been a guest at the defendants’ home on approximately 10 occasions, including several overnight stays, in 2012 prior to the subject incident. The plaintiffs allege that the infant plaintiff and the defendants’ son entered the kitchen and were each petting the dog, on opposite sides, at the same time, for approximately 10 seconds, when the dog suddenly jumped up and bit the infant plaintiff. The infant plaintiff, and his father suing derivatively, commenced this action against the defendants. The defendants moved for summary judgment dismissing the complaint, contending that there was no evidence of prior actual knowledge of the vicious propensities of the dog. The Supreme Court granted the motion. The plaintiffs appeal.

To recover in strict liability in tort for damages caused by a dog, a plaintiff must establish that the dog had vicious propensities and that the owner knew or should have known of the dog’s vicious propensities (see Petrone v Fernandez, 12 NY3d 546, 550 [2009]; Bueno v Seecharan, 136 AD3d 702 [2016]; Matthew H. v County of Nassau, 131 AD3d 135, 144 [2015]; Palumbo v Nikirk, 59 AD3d 691, 691 [2009]). Evidence tending to demonstrate a dog’s vicious propensities includes evidence of a prior attack, the dog’s tendency to growl or snap or bare its teeth, the manner in which the dog was restrained, the fact that the dog was kept as a guard dog, and a proclivity to act in a way that puts others at risk of harm (see Bard v Jahnke, 6 NY3d 592, 597 [2006]; Collier v Zambito, 1 NY3d 444, 446-447 [2004]; Bueno v Seecharan, 136 AD3d 702 [2016]).

Here, the defendants demonstrated their prima facie entitlement to judgment as a matter of law. The evidence submitted in support of their motion, including the deposition transcripts of the testimony of each plaintiff and each defendant, estab[*1013] lished that the defendants were not aware, nor should they have been aware, that this dog had ever bitten anyone or exhibited any aggressive behavior or vicious propensities. The deposition testimony demonstrated that prior to the subject incident, the dog at most merely barked at guests when they first came to the house. The dog did not snap its teeth. It did not chase people. The dog generally stayed in the kitchen, but was not kept away for the safety of others. The infant plaintiff had been a guest on multiple occasions at the defendants’ home without concern about any vicious propensities of the dog. There was no evidence that the dog was trained to guard the home (see Collier v Zambito, 1 NY3d at 447; Hodgson-Romain v Hunter, 72 AD3d 741 [2010]; Levine v Kadison, 70 AD3d 651, 652 [2010]; Palumbo v Nikirk, 59 AD3d at 692).

In opposition, the plaintiffs failed to raise a triable issue of fact regarding the defendants’ prior knowledge of the dog’s alleged vicious propensities. The mere fact that the dog previously barked at people, or even growled on one or two occasions at strangers coming to the defendants’ home unannounced, was insufficient to raise a triable issue of fact as to whether it had vicious propensities (see Vallejo v Ebert, 120 AD3d 797, 798 [2014]; Ayres v Martinez, 74 AD3d 1002, 1002 [2010]; Brooks v Parshall, 25 AD3d 853, 854 [2006]).

Accordingly, the Supreme Court correctly granted the defendants’ motion for summary judgment dismissing the complaint.

Hall, J.P., Cohen, Miller and Barros, JJ., concur.