Marisa Okun (Of Counsel-White Plains, NY) obtained summary judgment in a personal injury action arising from a dog bite/attack inside the private apartment of a building owned by the City but managed by a non-party. Marisa argued that, first, it was improper for the plaintiff to argue negligence because liability regarding a domestic animal is determined solely by strict liability. She further argued that the evidence established (1) there was no evidence that the subject dog had prior vicious propensities and (2) there was no evidence that the City knew or should have known of the vicious propensities and did not have the ability to control the premises or confine or remove the animal. The Court found that the evidence established that there were no prior complaints of the specific dog, much less any dog, inside the premises, and that any alleged prior incidents were based solely on hearsay, disputed by the actual testimony of the parties.