New York

Displaying 151 - 160 of 223
Titlesort descending Summary
NY - Service Animal - Chapter 24-A. Of the Consolidated Laws. Under this New York statute, a disabled person whose guide, hearing or service dog is injured due to the negligence of the owner of another dog in handling that other dog may recover damages from the owner or custodian of the non-guide guide dog. These damages include veterinarian fees, replacement or retraining costs for the guide dog, lost wages, or damages for loss of mobility during retraining or replacement of the dog.
NY - Sharks - Article 13. Marine and Coastal Resources. This New York law prohibits the practice known as "shark finning." The section provides that no person shall possess shark fins in the marine and coastal district unless the requisite shark carcass is also possessed. It defines "finning" as "the removal of a fin, other than the caudal fin, from a shark and not retaining the remainder of the shark's carcass."
NY - Trusts - Chapter 17-B. Of the Consolidated Laws. This New York statute provides that a trust for the care of a designated domestic or pet animal is valid. Such trust shall terminate when the living animal beneficiary or beneficiaries of such trust are no longer alive. Upon termination, the trustee shall transfer the unexpended trust property as directed in the trust instrument or, if there are no such directions in the trust instrument, the property shall pass to the estate of the grantor. A court may reduce the amount of the property transferred if it determines that amount substantially exceeds the amount required for the intended use.
NY - Veterinary - Article 135. Veterinary Medicine and Animal Health Technology. These are the state's veterinary practice laws. Among the provisions include licensing requirements, laws concerning the state veterinary board, veterinary records laws, and the laws governing disciplinary actions for impaired or incompetent practitioners.
NY - Wild animal, possession - Part 820. Required Annual Reporting of the Presence of Wild Animals This set of New York regulations provides a form for individuals keeping wild animals to report with the city, town or village clerk within whose jurisdiction the animal is owned, possessed or harbored, on or before April 1st of each year. General Municipal Law (GML), section 209-cc requires the State Fire Administrator, in consultation with the Department of Environmental Conservation, to develop and maintain a list of the common names of wild animals that are reported annually to local authorities.
NY - Wild Animals - § 11-0512. Possession, sale, barter, transfer, exchange and import This section provides that no person shall knowingly possess, harbor, sell, barter, transfer, exchange or import any wild animal for use as a pet in New York state, except that any person who possessed a wild animal for use as a pet at the time that this section went effect may retain possession of such animal for the remainder of its life. Certain other entities are also excepted from this ban.
NY - Wildlife, Exotics - Title 1. Short Title; Definitions; General Provisions This set of statutes represents the definitional portion of New York's Fish and Wildlife Law. Among the provisions include definitions for game and non-game, a definition for "wild animal," which includes big cats, non-domesticated dogs, bears, and venomous reptiles, and the state's hunter harassment law. The section also provides that the State of New York owns all fish, game, wildlife, shellfish, crustacea and protected insects in the state, except those legally acquired and held in private ownership.
O'Rourke v. American Kennels (Unpublished Disposition)


In this highly entertaining Small Claims case, claimant seeks to recover the purchase price of her dog, Little Miss Muffet. The issue presented, in large part, concerns the dog's weight. Claimant contends that Muffet was supposed to be a "teacup dog." At eight pounds, she is well above the five pounds that is considered the weight limit for a "teacup" Maltese. Plaintiff paid an additional $1,000 above the standard $1,500 to purchase the smaller variety of Maltese. Plaintiff was awarded the differential in price, but not veterinary fees for a knee condition that developed after the warranty protections expired in the purchase agreement. 
Overview of New York Great Ape Laws This is a short overview of New York Great Ape law.
Padgett v. Winslow This case involves plaintiffs seeking reimbursement for veterinary expenses after purchasing a Yorkshire Terrier puppy ("Bentley") that exhibited severe illness symptoms, including lethargy and repeated dark brown vomiting, just four days after purchase from defendant's pet store. The puppy was eventually diagnosed with Parvovirus at Cornell University Hospital for Animals, requiring intensive treatment. The central legal issues revolve around: (1) whether plaintiffs could recover under General Business Law § 753 (which they failed to satisfy due to lack of timely veterinary certification); (2) breach of implied warranty of merchantability under UCC §§ 2-314 and 2-715 given the puppy's rapid deterioration and positive PCR test for Parvovirus; and (3) promissory estoppel claims regarding alleged reimbursement promises. The court found plaintiffs established by preponderance of evidence that Bentley was infected at time of sale, noting the puppy's excessive sleeping from day one and subsequent critical condition, while rejecting defendant's 3-4 day incubation period arguments as inconsistent with veterinary evidence showing 7-day symptom onset. While denying promissory estoppel claims for lack of detrimental reliance, the court awarded damages under UCC theories, emphasizing the highly contagious nature of Parvovirus and finding defendant's 48-hour return policy unconscionable under UCC § 2-719(3) as applied to defective goods. The court awarded plaintiffs judgment in the amount of $3,878.29 for veterinary expenses plus court costs against defendants Melissa Winslow and Melrose Pet Palace.

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