Opinion
November 17, 1997
Appeal from the Supreme Court, Orange County (Owen, J.).
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The infant plaintiff was injured when, while playing in the defendants' yard, the defendants' dog ran at him and they collided. In response to the defendants' motion for summary judgment, the plaintiffs failed to come forward with evidence establishing either the existence of a vicious propensity on the part of the dog, or the defendants' knowledge of any such vicious propensity. Consequently, the Supreme Court erred in denying the motion ( see, Althoff v. Lefebvre, 240 A.D.2d 604).
Bracken, J.P., Pizzuto, Altman and Krausman, JJ., concur.