The Plaintiff commenced suit against the Defendant based on theories of negligence and vicious propensity, alleging that Plaintiff had sustained injuries as the result of Defendant’s dog jumping at him and causing him to fall while rollerblading. Defendant moved for summary judgment premised on the fact that the subject dog did not have vicious propensities, and that the Plaintiff could not, under the law, bring suit under a negligence standard. The Erie County Supreme Court granted Defendant’s motion dismissing the case.

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