Collier v. Zambito

Green, J.P., and Gorski, J.

(dissenting): We respectfully dissent. In our view, plaintiff raised a triable issue of fact *867whether defendants knew of the dangerous propensities of their dog, and thus we conclude that Supreme Court properly denied defendants’ motion for summary judgment dismissing the complaint. According to the deposition testimony of Mary Zambito (defendant), defendants kept their dog, a mixed Rottweiler-Beagle named Cecil, blocked off in their kitchen by a three-foot gate whenever there were visitors in their home. They did so because Cecil was “excit[able]” when persons other…