wall, tore her blouse and bit her on the right shoulder. The dog had been brought to the scene on leash by police officer Ziebert from another patrol car parked in the vicinity.
The plaintiff first contends that the court erred in granting the nonsuit because the city had waived its governmental immunity by failing to plead it. It did not appear from plaintiff's complaint that the dog was being used in law enforcement work at the time of the alleged attack on plaintiff. The defense of governmental immunity, therefore, could not be raised by demurrer, but only by answer. The city did raise the defense by pleading in its answer the ultimate facts from which governmental immunity is implied as a matter of law, i.e., its status asPolice have made an arrest following a random attack in the subway in Times Square, and the victim is describing the incident exclusively to Eyewitness News.

Police say the 36-year-old suspect has an extensive criminal history.

Video showed a man punching the 43-year-old woman in the face after she bumped into him at the turnstile.

Police officers spotted him on surveillance at the same station on Tuesday and made the arrest.

The attack happened on Sunday at around 7:30 p.m. inside the station as the woman was heading to the #2 train.

The victim, Nucian Butler, says she never saw it coming, did not have time to react and now says she is terrified to get back on the train.

"It was out of nowhere, no one expected it," she said.

A complete stranger threw