Perry v. Mikolajczyk

Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Supreme Court erred in denying defendant’s motion for summary judgment dismissing the complaint. Plaintiffs son, Kyle, then seven years old, was bitten by defendant’s dog, a 13-year-old male of mixed husky-shepherd breed. The dog was usually kept chained but Kyle saw him running loose in the neighborhood, grabbed his chain and returned him to defendant’s yard, where the dog was rechained. The dog then suddenly attacked Kyle, allegedly without provocation, causing injuries to Kyle that…