FIGUEROA v. ALEX AUTO PARTS & CARS, INC.


278 A.D.2d 8 (2000)

717 N.Y.S.2d 137

ESTEBAN FIGUEROA, Appellant, v. ALEX AUTO PARTS & CARS, INC., et al., Respondents.

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

Decided December 5, 2000.


Plaintiff's deposition testimony that at times prior to the attack he had seen the dog, a pit bull, tied up in defendants' yard with "a steel thick chain" and that he feared the dog is insufficient to raise an issue of fact as to the dog's known vicious propensities (see, Joe v Orbit Indus., 269 A.D.2d 121, 122; cf., Moriano v Schmidt, 133 A.D.2d 72). Plaintiff's additional hearsay testimony...

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