Fontecchio v. Esposito – Case Brief Summary (New York)

In Fontecchio v. Esposito (108 AD2d 780, 485 N.Y.S.2d 113 [2d Dept 1985]), there was testimony at trial that "the dog growled and charged at the fence whenever persons passed by his owner's property; that on one occasion the dog broke loose from his owner, bit the mailman's pouch, and had to be pulled away; and that on another occasion, the dog lunged at the fence and snapped at a child who was walking on the public sidewalk" (id. at 780-81.)

"The dog constantly barked, exposed his teeth, and strained at his leash." (Id .at 781.)

On appeal from a jury verdict in favor of the plaintiff, the Second Department concluded that this evidence "was sufficient to establish that the dog possessed vicious propensities, in that he habitually tended to do acts which might endanger persons" (see id.)