Dowell v. Bacarella

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Durante, J.), dated May 12, 1989, which granted the defendant’s motion to dismiss the complaint.

Ordered that the order is affirmed, with costs.

The plaintiff police officer was allegedly bitten by the defendant’s dog after responding to a radio communication that a vicious dog was loose. Pursuant to Santangelo v State of New York (71 NY2d 393), the plaintiff cannot recover damages for injuries she sustained as a result of the defendant’s alleged negligence that…