Blackstone v. Hayward

In Blackstone v. Hayward, 304 A.D.2d 941, (2nd Dep't 2003), the Appellate Division reversed the trial court and granted summary judgment dismissing a complaint against the owners of a 130-pound Great Dane which bit the plaintiffs' seven-year-old daughter in the face. Despite the fact that the plaintiffs showed that prior to the incident the dog had chased bicyclists and vehicles, barked at strangers, fought with another dog, and had the comment "nasty" noted about it in the dog's veterinary records, the Appellate Division held that the defendants' own assertion that the dog had never bitten or growled at anyone or displayed a vicious or aggressive nature was sufficient to negate the existence of any issue for jury determination, and to require dismissal.