Opinion
September 14, 1998
Appeal from the Supreme Court, Nassau County (DeMaro, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
The infant plaintiff was injured when the appellants' dog bit her in the face. The deposition testimony of the parties indicated that there was at least one prior incident when the dog either nipped or scratched another child, and there was a "Beware of Dog" sign on the property. The testimony also indicated that the dog was regularly kept in a cage during the day, had previously chased a telephone repairman, regularly growled at landscapers, and had previously escaped his choker collar. The evidence thus raised triable issues of fact as to whether the dog possessed vicious propensities and whether his owners were aware of them ( see, Brice v. Bauer, 108 N.Y. 428; Rider v. White, 65 N.Y. 54; Bohm v. Nustrum Constr., 208 A.D.2d 668).
Miller, J. P., Krausman, McGinity and Luciano, JJ., concur.