Full Case Name:  Johnson v. Douglas

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Country of Origin:  United States Court Name:  New York Appellate Court Primary Citation:  734 N.Y.S.2d 847 (Mem) (N.Y.A.D. 2 Dept. 2001) Date of Decision:  Monday, December 3, 2001 Jurisdiction Level:  New York Alternate Citation:  289 A.D.2d 202 (2001) Judges:  FLORIO J.P. concur. JJ. O'BRIEN SCHMIDT and SMITH Attorneys:  Robert P. Johnson, Bellmore, N.Y., appellant pro se, and for appellant Deborah Johnson. Russo, Apoznanski & Hellreich, Woodbury, N.Y. (John A. Asta of counsel), for respondent.
Summary:

Plaintiff appealed an order denying her claim to emotional distress damages presumably for the death of her dog.  The court held that it is well established that a pet owner in New York cannot recover damages for emotional distress caused by the negligent killing of a dog.

In an action, inter alia, to recover damages for emotional distress, the plaintiffs appeal from an order of the Supreme Court, Nassau County (Jonas, J.), dated March 12, 2001, which granted those branches of the defendant's motion pursuant to CPLR 3211(a)(7) which were to dismiss the second, third, fifth, sixth, and seventh causes of action.

ORDERED that the order is affirmed, with costs.

It is well established that a pet owner in New York cannot recover damages for emotional distress caused by the negligent killing of a dog (see, Gluckman v. American Airlines, Inc., 844 F.Supp. 151; Jason v. Parks, 224 A.D.2d 494, 638 N.Y.S.2d 170; Fowler v. Town of Ticonderoga, 131 A.D.2d 919, 516 N.Y.S.2d 368; Young v. Delta Air Lines, 78 A.D.2d 616, 432 N.Y.S.2d 390).

O'BRIEN, J.P., FLORIO, SCHMIDT and SMITH, JJ., concur.

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