In Carter v. Metro North Associates, 255 A.D.2d 251 (1st Dep't 1998), a case involving a Pit Bull bite, the trial court had denied the defendants' motion for summary judgment, and on a search of the record granted summary judgment on the issue of liability to the plaintiff. The Appellate Division, First Department, reversed, and on its own search of the record granted the defendants' motion and dismissed the complaint. The Appellate Division determined that the trial court had improperly taken judicial notice of the vicious nature of Pit Bulls. A dissenting justice in Carter agreed that judicial notice was an improper basis for granting summary judgment to the plaintiff, but in direct contravention of Bohm argued that "triable issues of fact exist as to whether this particular breed of dog has innate vicious propensities. . . ." (255 A.D.2d at 253.)