[brief] “[...]”. **  On July 27, 2022, Koda bit [...], an employee of [...] with whom Defendant had a comprehensive pest control services contract.  At about 1:20 p.m. that day, [...] received a text message that Greenix would arrive “soon”.  3T73:5-10.  She knew that animals and people should not have contact with the treated area for several hours after spraying, so she brought the dogs out into the yard to “go potty. ”  3T73:14-20.  [...] admitted that Greenix policy prohibits employees from spraying a yard if animals or people are present.  2T73:12-14.  [...] saw [...] approaching from outside the fence, carrying a fogger, while the dogs were still outside.  3T74:1-6.  She came within five feet of the gate, held up the palm of her hand in a “stop” gesture, and told him to wait until she put the dogs in the house.  3T74:16-25.  [...] admitted that he saw the dogs in the back yard with [...], made eye contact and saw her make a hand gesture and point at the dog.  2T75:16; 2T62:16-22.  He couldn’t hear her over the loud fogging machine which resembled a leaf blower.  2T75:9-11; 3T79:6-12.  [...] waited a few minutes, reached inside the gate, and opened the latch himself, rather than waiting for [...] to return and let him in the yard.  Ibid.  [...] testified that she had just finished getting Maya back into the house through the sliding doors on the deck and Koda was halfway inside when [...] entered the yard.  3T75:15-25; 3T76:1-6.  Koda turned to chase him away but as he caught up to him, [...] commanded him to come back.  Koda responded immediately and remained by her side through the rest of the encounter.  3T76:8-14.  [...] dropped the fogger on the paved walkway and escaped the yard; later, he returned through the still-open gate to get the fogger.  3T76:15-25, 3T77:1-2, and 3T77:18-25.  [...] did not see Koda bite [...], but noticed his pants leg was torn.  3T79:9-10.  [...] refused to show her the injury or let her take a photograph.  3T27:10-15 ([...]); 2T68:22-23 ([...]).  [...]’s testimony was inconsistent and, at times, fanciful.  At 2T56:6, he said he waited two or three minutes; at 2T76:9, he doubled it to three to four minutes.  He first said his right leg was injured [2T67:5-9], then his left.  2T69:23-25; 2T70:1-3.  He said first the dog was a Rottweiler then a German Shepherd Dog:  Then the Rottweiler came after me and then he went straight for my leg.  2T67:1-2 barking -- both of them came, barked at me.  The Rottweiler -- I said, the Rottweiler -- German Shepherd, after he barked he literally went for my right -- yes, my right leg and he started to bite at it.  2T67:5-9  [...] stated that there were two dogs running at him.  2T65:9-10.  [...] was certain that she had already put Maya in the house.  She had no reason to fabricate this detail.  [...] notified the Health Department about the incident after [...] notified the police.  2T103:2-3.  The Township brought no charges even though Koda had injured a person, which infers that the ACO had no reason to believe that it was “an unprovoked attack. ”  See N.J.S.A. 4:19-19, requiring impound if a dog injures a human in an unprovoked attack.  [...] did not show the Court any mark or scar on his leg; no photographs of the injury or medical records were introduced in evidence.