Figueroa v. Alex Auto Parts & Cars, Inc.

Order, *9Supreme Court, Bronx County (Barry Salman, J.), entered October 5, 1999, which, in an action for personal injuries sustained in an attack by a dog, granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiffs 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 AD2d 121, 122; cf., Moriano v Schmidt,…