Fazio v. Martin

Appeal from an order of the Supreme Court (Caruso, J.), entered May 8, 1995 in Schenectady County, which granted defendant’s motion for summary judgment dismissing the complaint.

On September 14, 1990, plaintiff Victor Fazio, III, who was then four years old, sustained serious injuries when he was bitten by defendant’s one-year-old, 74-pound male English Sheepdog.* The record indicates that on the day before this incident, defendant’s dog was injured when a nail became stuck in his paw. Defendant took the dog to the veterinarian’s office where the animal was sedated, treated and kept…