Machacado v. City of New York

The issue raised by this motion made at the opening of a jury trial is whether the complaint sets forth a cause of action. It appearing that this is a case of first impression, an examination of the unique question addressed to this court is herein made.

*890The facts as developed in the argument on the motion are as follows:

The plaintiff was walking on a sidewalk adjacent to the property owned by the defendant which was separated from the public way by a cyclone fence. The walk was covered with snow, a storm having abated several hours earlier. Suddenly there emerged a German Shepherd dog from…