Ayala v. Hagemann

OPINION OF THE COURT

Frank V. Ponterio, J.

This seemingly unremarkable dog-attack case presents an issue of first impression: whether the long-standing principle that bars a victim’s recovery absent proof of prior vicious propensities of a dog continues to apply where the situs of the attack is Federal parkland.

Defendant John Hagemann moves for summary judgment dismissing plaintiffs’ complaint pursuant to CPLR 3212 on the ground that plaintiffs cannot make out a prima facie case of negligence.

This action arises out of an incident on October 13, 1998 when it is alleged that plaintiff Peter Ayala…