Write a case brief on lawsuit below:

1) Facts 2) Issue 3) Holding 4) Rationale

CASE, 8-6 Keeping of Animals PALUMBO v. NIKIRK Supreme Court, Appellate Division, Second Department, New York, 2009 59 AD.3d 691, 874 N.Y.S.2d 222, 2009 N.Y. SLIP OP. 01454 Per Curiam endanger the safety of the persons and property of others in The plaintiff, a mail carrier, sustained injuries when he alleg- a given situation" (citations). edly was bitten and attacked by a dog on the front steps of Here, the defendants established their prima facie enti- the defendants' house as he attempted to deliver the mail. tlement to judgment as a matter of law by presenting evi- The plaintiff, who crossed over the defendants' lawn and dence that the dog had never bitten, jumped, or growled driveway from the house next door, and whose view of the at anyone prior to the incident in question, nor had the dog was obstructed by a bush, did not see the dog or hear it dog exhibited any other aggressive or vicious behavior bark until he opened the lid of the mailbox and was bitten. (citations]. In opposition, the plaintiff failed to come for- (The plaintiff brought an action to recover damages for per- ward with any proof in evidentiary form that the dog had sonal injuries. The Supreme Court, Nassau County, granted ever previously bitten anyone or exhibited any vicious the defendants' motion for summary judgment dismissing propensities. Furthermore, the presence of a Beware of the complaint. The plaintiff appealed.) Dog" sign on the premises, the breed of the dog, and the To recover upon a theory of strict liability in tort for a owner's testimony that the dog was always on a leash dog bite or attack, a plaintiff must prove that the dog had were insufficient to raise a triable issue of fact as to the vicious propensities and that the owner of the dog, or person dog's vicious propensities in the absence of any evidence in control of the premises where the dog was, knew or that prior to this incident the dog exhibited any fierce or should have known of such propensities (citations). Vicious hostile tendencies (citations). propensities include the 'propensity to do any act that might [Summary judgment is affirmed.]