New York

Summary:

Plaintiff brought a New York Small Claims Court action seeking recovery of the sum of $254.63, after a licensed veterinarian determined that plaintiff's newly purchased dog was unfit according to Article 35-B of the General Business Law.  Specifically, plaintiff sought damages under two alternate theories: violation of the sale contract's five-day express warranty and violation of the implied warranty of merchantability.  Due to the vet's initial diagnosis, plaintiff did not return the dog.  The court held that plaintiff elected to forgo the express warranty by retaining the dog.  With regard to the implied warranty of merchantability, the court found defendant is not a "person who deals in goods of the kind" to fall within the definition of merchant under the statute.

Summary:

A buyer of a poodle brought an action against a kennel, seeking to recover purchase price on ground that poodle was "defective" due to an undescended testicle.  The buyer argued that the kennel had breached implied warranty of merchantability and fitness for a particular purpose. The Civil Court of the City of New York held that since the contract of sale did not exclude or modify implied warranty of merchantability, it carried with it such a warranty.  In light of this, the poodle was not a merchantable good because a poodle with an undescended testicle would not pass without objection in the trade.  Further, the kennel breached the warranty of fitness for a particular purpose since the kennel was aware that the buyer wanted a dog for breeding purposes.  This case is also significant because the court also held that a buyer's opportunity to examine the dog when purchasing it does not defeat a warranty claim.  Indeed, the type of examination would not be undertaken by a casual buyer of a male puppy.  The court allowed buyer to revoke her acceptance of the dog and receive her purchase price.

Summary:

While on a guided trail ride, plaintiff's horse brushed up against a tree that the plaintiff was unable to push away from. As a result, plaintiff's leg and hip sustained injuries and the plaintiff sued the ranch and the ranch's owners. Defendants’ appealed the Wayne County Supreme Court denial for the defendants' motion for summary. On appeal, the court found the Supreme Court properly denied the defendants' motion for summary judgment. First, the court found the defendants failed to meet their initial burden of establishing entitlement to judgment as a matter of law on the issues of the horse's vicious propensity and defendants' knowledge of that propensity.

Summary: Every race must be contested by every horse in the race and every horse must be driven to the finish.

Summary: This regulation states which drugs and medications are permitted to be used in racehorses in New York, and how and when they may be administered.

Summary: If the New York State Racing and Wagering Board finds that an applicant meets the criteria for financial responsibility, experience, character and fitness, then it will issue an occupational license to that person.

Summary: A private trainer's license may be issued to an applicant who has an ownership or lease interest in a horse exceeding 50 percent if that person has been a licensed owner for one year, has three years of experience with Thoroughbred racehorses, and passes written and practical exams.

Summary: The qualifications for an initial trainer's license are 12 months as a licensed assistant trainer in NY, or 12 months in another jurisdiction with a certificate from track stewards in that state.

Summary: An assistant trainer's license may be issued to a person who is 18 years old, has three years of experience, is vouched for by the trainer by whom he or she is to be employed, and passes a written exam (or oral) and a practical exam.

Summary: Sec. 4002.1 requires that anyone participating in any thoroughbred race meet as a managing owner, racing owner, trainer, assistant trainer, jockey, apprentice jockey, jockey agent, veterinarian, farrier, stable employee, track supplier, equipment supplier, salesman, agent or operator of any concession to have an occupational license issued by the New York State Racing and Wagering Board.