United States

Summary:

In this New York case, defendant presented his puppy to plaintiff-animal hospital for treatment. After discussions between about the cost of the care, defendant apparently felt that he would not be allowed to retrieve the puppy from the hospital's possession. As a consequence, plaintiff sent a letter to defendant describing the balance owed, and stating that the hospital would retain the puppy for 10 more days after which it would "take care of the dog in accordance with the legal methods available to dispose of abandoned dogs." The issue on appeal is whether this letter qualified as noticed required by the Agriculture and Markets Act, Sec. 331. The court found that it did not comply with the statutory requirements and thus, plaintiff was responsible for defendant's loss of his puppy valued at $200 at trial. Plaintiff was entitled to a judgment on its complaint for the costs of care amounting to $309.

Summary:

This unpublished small claims court opinion concerns a dog bite. Claimant sought to recover monetary damages for medical bills and related expenses she incurred as a result of personal injuries suffered when Defendant's dog named "Chino" bit her on the face. At issue is whether Chino had vicious propensities and whether Defendant was aware of or had knowledge of those vicious propensities. The court found that Plaintiff did not raise an issue of fact as to the dog's vicious propensities. The court found compelling evidence that Chino was certified by the Good Dog Foundation to visit healthcare facilities as a therapy dog. As a result, the court dismissed the motion.

Summary:

After plaintiff motorist was injured after hitting a cow that had wandered onto the highway, she sued farm owner, operator of cattle-shipping business, and operator's assistant, alleging that defendants were negligent in not properly confining cow to its pasture. There was no evidence that cow had a vicious or abnormal propensity, or that cow's owner knew of propensity, as required to support a strict liability claim. However, on appeal to the Court of Appeals, the court held that a landowner or the owner of an animal may be liable under ordinary tort-law principles when a farm animal is negligently allowed to stray from the property on which the animal is kept.

Summary:

This case concerns a New York law that protected beavers and their habitat in New York by stating that no one "shall molest or disturb any wild beaver or the dams, houses, homes or abiding places of same."  The claimants owned land that endured considerable commercial destruction due to the beavers that were present.  Claimants were initially awarded damages and alleged on appeal that the law represented an unconstitutional exercise of police power and, that, since the beavers were "owned" by the state at the time of the destruction, the state is liable for the damage.  The Court disagreed, finding the ownership of wildlife is in the state in its sovereign capacity, for the benefit of all the people.  As a result, the state was acting in its proper police power authority and is not liable for the damage that ensued from "liberating" the beaver.

Summary:

In this New York case, the plaintiffs, organizations concerned with the treatment of animals in the New York City zoos, sought injunctive and declaratory relief against city officials who were charged with operating the zoos. Due to a citywide fiscal crisis, the City had to make “Draconian” choices with its human and animal charges, according to the court. In granting a motion to dismiss, this court declined to accept the responsibility for matters that it found to be administrative in nature.

Summary:

A short, childless marriage ended in a custody battle over a dachshund after one spouse allegedly took the dog while the other spouse was away on a business trip. After reviewing the progression of the law in New York and in other states, the court decided to apply a “best for all concerned” standard and to give the parties a full, one-day hearing. The plaintiff’s motion to order the defendant to return the couple's dog and to be awarded “sole residential custody” of the dog was therefore granted.

Summary:

While the plaintiff was tending her garden, the defendant's dog jumped on a chain-linked fence that separated the plaintiff's and defendant's property. Startled, the plaintiff fell and injured herself. As a result of the incident, the plaintiff brought a personal injury suit against the defendant. Finding the dog had no vicious propensities, the jury returned a verdict in favor of the defendant; the plaintiff then appealed and lost.

Summary:

In this New York case, the plaintiff sought damages for injuries his son sustained after the child was bitten by a dog in a house owned by defendant Urban, but occupied by Defendant Buil (the dog's owner). Defendant Urban appeals an order denying her motion for summary judgment dismissing the complaint. Defendant Urban failed to demonstrate as a matter of law that the dog did not have vicious tendencies because defendant's own submissions showed that the dog had previously growled at people coming to the door. However, summary judgment was appropriate here because the evidence failed to show that defendant knew or should have known of the dog's alleged vicious propensities.

Summary:

A repairman was knocked over by a dog while working on a telephone line in the neighbor's yard.  The repairman brought claims against the dog's owner under under theories of strict liability and negligence.  The trial court granted summary judgment in favor of the dog's owner and the Court of Appeals affirmed.

Summary:

Plaintiff Jon Hammer is the owner of a pure-bred Brittany Spaniel which has a natural, undocked tail approximately ten (10) inches long.  He contends that tail docking is a form of animal cruelty, and that the practical effect of defendant American Kennel Club's tail standards for Brittany Spaniels is to effectively exclude his dog from meaningfully competing shows unless he complies with what he perceives as an unfair and discriminatory practice.  Specifically, his amended complaint seeks a declaratory judgment that the complained-of standard (1) unlawfully discriminates against plaintiff by effectively precluding him from entering his dog in breed competitions, (2) is arbitrary and capricious, (3) violates Agriculture and Markets Law § 353, and (4) is null and void as in derogation of law; he further seeks an injunction prohibiting defendants from applying, enforcing or utilizing the standard.  The court held that plaintiff lacked standing to obtain any of the civil remedies he sought for the alleged violation of Agriculture and Markets Law Section 353.  The Legislature's inclusion of a complete scheme for enforcement of its provisions precludes the possibility that it intended enforcement by private individuals as well.  The dissent disagreed with the majority's standing analysis, finding that plaintiff's object is not to privately enforce § 353, insofar as seeking to have the defendants' prosecuted for cruelty.  Rather, plaintiff was seeking a declaration that the AKC's standard for judging the Brittany Spaniel deprives him of a benefit of membership on the basis of his unwillingness to violate a state law and, thus, he wanted to enjoin defendants from enforcing that standard against him.  The dissent found that whether tail docking for purely cosmetic reasons violates § 353 is solely a question of law and entirely appropriate for a declaratory judgment.  Cosmetic docking of tails was wholly unjustifiable under the law in the dissent's eyes.  While plaintiff pointed out that docking may serve some purposes for hunting dogs, it is not a justification for docking the tails of non-hunting dogs, such as plaintiff's, for purposes of AKC competitions.