La Borie v. Habes

This case, arising under section 116 of the Agriculture and Markets Law, raises squarely the issue of *769whether a dog that threatens a human but does not bite is a dangerous dog.

The section states that any complaint which alleges “ an attack upon a person, or of such an attack, chasing or worrying of a domestic animal ” shall state sufficient allegations to authorize a court inquiry as to the dangerousness of the dog. The word “ attack ” which appears to be the basis of the proceeding, has not been defined by any statute or decision.

The word “attack” is defined by Webster’s International…