Boyd v. New York City Housing Authority

Since the majority has unnecessarily thrust itself into the role of factfinder, I must respectfully dissent from the dismissal of the complaint. Our role as gatekeeper should not undermine the right of litigants to have their cases—even ones about which we are skeptical—heard by a jury. Even if our experience tells us that a litigant is likely to face an uphill battle, the courtroom is the proper venue for the determination of the controversy.

Flaintiff testified that he leaned back against what he thought was part of the sturdy, three-foot-high black iron fence surrounding a grassy area. Only…