In Collier v. Zambito, 299 A.D.2d 866 (4th Dep't 2002), the only evidence proffered by the plaintiff was that the dog - a Rottweiler-Beagle mix who was regularly kept segregated from immediate family members by way of a gate or leash because of his excitable temperament - was very wild, ran around a lot, barked, and on the day of the incident was very active and jumping, before lunging at the plaintiffs' twelve year old son and biting him when he was allowed to approach the dog to "smell" him. The 3-judge Appellate Division majority found this insufficient to pose a factual issue and thus reversed the trial court, and granted summary judgment dismissing the plaintiff's complaint. The 2-judge Appellate Division dissenting minority felt that it should be sufficient, and would have affirmed.