¶1OPINION OF THE COURT
¶2Order affirmed, with costs. We agree with so much of the memorandum at the Appellate Division (159 AD2d 792) as held that the mere presence of an unrestrained dog on the street does not give rise to a presumption of negligence on the part of its owner.
¶3Concur: Chief Judge Wachtler and Judges Alexander, Titone, Hancock, Jr., and Bellacosa. Judge Kaye dissents and votes to reverse in an opinion in which Judge Simons concurs.