Saturday, October 12, 2013

Staten Island man files $2 million suit against owner of pit bull that fatally mauled his Shih Tzu, Fluffy

NEW YORK -- His parents seemed blue last year, so Albano Rembeci tried this approach to bring them out of their funk: He bought them a cute little Shih Tzu puppy named Fluffy.

It worked.

For the next 10 months, Dionis and Luljeta Rembeci showered the tiny dog with love and affection, getting as much in return as they gave. They proudly walked the pooch around their West Brighton neighborhood every day and even spoon-fed him.


But the Rembecis' world came crashing down two weeks ago when a pit bull, that was part of a pair running loose on Delafield Avenue, allegedly attacked and killed their beloved pet.

Dionis Rembeci, who was walking 1-year-old Fluffy, was allegedly hurt in the incident.

Rembeci now seek legal redress for his loss and has sued the pit bulls' owner, identified in court papers as James Caricola, for $2 million.

"They're very emotionally upset over it," said David Jaroslawicz, the couple's Manhattan-based lawyer, "[Fluffy] was sort of a comfort dog. It was a traumatic incident. It's really outrageous."

The suit was recently filed in state Supreme Court, St. George.

In a telephone interview with the Advance, Caricola who lives down the street from the Rembecis said he remains extremely upset over the incident.

"This is a terrible situation. I'm heartbroken over the loss of their dog." said Caricola, who was at work when the episode occurred. "This is taking me for quite a loop."

Caricola said his 4-year-old dogs, "Brett," a male, and "Luna," a female, had apparently escaped from his fenced-in backyard when a landscaper left the gate open. He said his father had let the blue-nose pit bulls out into the yard.

Caricola said he spoke with Albano Rembeci several times after the incident and offered to help in any way he could, but was flatly rejected.

"I want to make it better ... but I can't bring the dog back," he said. "I will pay for anything my dogs did."

The episode occurred Sept. 27 about 2:30 p.m.

According to Advance reports, a witness said two pit bulls came "flying up" Delafield.

Brett attacked Fluffy, ripping it from its collar and leash, said witnesses. Luna knocked his father to the ground, said Albano Rembeci.

The senior Rembeci, 62, managed to fight off Luna with a rock and rushed to Fluffy's aid, his son told the Advance.

But he couldn't save his overwhelmed pet, which, one neighbor said, was being shaken by the neck like a toy.

Court papers said Rembeci suffered left shoulder injuries, including a possible fracture, as well as leg injuries.

His son and neighbors said Rembeci succumbed to shock and fainted after the incident. He was taken to Staten Island University Hospital, Ocean Breeze, and later released.

But his son later said the real pain was emotional.

The senior Rembeci did not immediately respond to messages left at his home seeking comment.
Caricola disputed the accusation that Luna attacked the elder Rembeci.

He said in their initial conversations after the incident, Albano Rembeci said his father was physically fine, but emotionally distraught. The younger Rembeci, who was at work when the attack occurred, never said then that Luna, the female dog, had gone after his dad, said Caricola.

"It's all-out lies. They're not people-aggressive," Caricola said of his dogs, who play with his young nieces.


In court papers, Rembeci alleges Caricola knew the dogs had vicious tendencies.

The animals had attacked a woman and her dog two weeks before the deadly incident, allege court documents.

Caricola denied those allegations.

Levi Fishman, a spokesman for the city Health Department, which investigated the incident, said "Brett," the pit bull which attacked Fluffy, had no history of biting people or other dogs.

Fishman said Caricola was issued a summons for failing to have the dog properly vaccinated for rabies. Even so, the dog was not rabid, said Fishman.

The spokesman said Brett was licensed, neutered, vaccinated against rabies and micro-chipped at Caricola's expense and was in the process of being released to Caricola.

Caricola could face further enforcement action if the dogs are involved in another biting incident, said Fishman.

(SILive - Oct 11, 2013)

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