Beljean v. Maiuzzo

In Beljean v. Maiuzzo, 256 A.D.2d 533, (2nd Dep't 1998), the Appellate Division reversed the trial court's grant of summary judgment dismissing a complaint, determining that where the dog in question was a Pit Bull mix which served primarily as the guard dog for a business, there was a "Beware of Dog" sign on the premises, and the dog's bite to the leg was of such severity that a nerve was severed, a skin graft required, and the dog had to be itself kicked to force it to release the grip of its bite, a factual issue as to the dog's vicious propensities was raised.