New York

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Nuijens v. Novy


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.

Nuijens v. Novy Plaintiff brought this action in Small Claims Court for the recovery of $254.63 after purchasing a dog from the Defendant. At the time of purchase, the Defendant gave a five day guarantee to the Plaintiff that if a veterinarian found anything wrong with the dog, the dog could be returned and the Plaintiff would receive a refund. The Plaintiff took the dog to a vet within five days and although she was told that the dog had a urinary infection, the Plaintiff kept the dog. Within 14 days of the sale, the Plaintiff learned that the infection was serious, and she contacted the Defendant requesting a refund under article 35-B of the General Business Law. The Court stated that Plaintiff's cause of action under the General Business Law failed: because it did not give the Plaintiff the right to recover damages, since the statute only covered "pet dealers" or "breeders" who sold more than one litter of animals per year. There was no evidence to indicate that the Defendant sold more than one litter of puppies. Also, because the Plaintiff chose not to return the dog for a refund within five days after learning about the infection, she could not seek recovery for breach of an express warranty (UCC 2-313). Lastly, because the Defendant was not a “merchant" the Plaintiff could not recover for the breach of an implied warranty (UCC 2-314).
NY - Assistance Animals - Assistance Animal/Guide Dog Laws

The following statutes comprise the state's relevant assistance animal and guide dog laws.

NY - Cruelty - Consolidated Cruelty Statutes


These New York statutes comprise the state's anti-cruelty provisions.  "Animal" includes every living creature except a human being.  A person who overdrives, overloads, tortures or cruelly beats or unjustifiably injures, maims, mutilates or kills any animal, or deprives any animal of necessary sustenance, food or drink, is guilty of a misdemeanor, punishable by imprisonment for not more than one year, or by a fine of not more than one thousand dollars, or by both.  Exclusions include properly conducted scientific tests, experiments or investigations, involving the use of living animals approved by the state commissioner of health.

NY - Dangerous animal - § 209-cc. Notification of presence of wild animals and dangerous dogs


New York state law requires anyone in possession of dangerous dogs and dangerous wild animals (which include non-human primates, non-domesticated dogs and cats, bears, venomous, constrictors and python snakes, and certain crocodiles) to report the presence of that animal to the clerk of the city, town, or village in which the animal resides. The report must be filed by April 1st every year and must list all of the physical locations where the animal may be kept. The clerk must then notify all local police, fire, and emergency medical service departments of the presence of that animal. Any person who fails to report the presence may be fined up to $250 dollars for the first offense and $1,000 dollars for each subsequent offense. Zoos and other U.S. Department of Agriculture-licensed exhibitors are exempt from the reporting requirement.

NY - Dangerous Dog - Chapter 69. Of the Consolidated Laws.


This New York statute provides that statutory penalties for dog bites and the process for declaring a dog "dangerous."  Any person who witnesses an attack or threatened attack, or in the case of a minor, an adult acting on behalf of such minor, may make a complaint of an attack or threatened attack upon a person, companion animal, farm animal, or a domestic animal to a dog control officer or police officer of the appropriate municipality. Such officer shall immediately inform the complainant of his or her right to commence a proceeding as provided in subdivision two of this section and, if there is reason to believe the dog is a dangerous dog, the officer shall forthwith commence such proceeding himself or herself. Upon a finding that a dog is dangerous, the judge or justice may order humane euthanasia or permanent confinement of the dog if one listed aggravating circumstances is established at the judicial hearing.

NY - Disaster - Article 2-B. State and Local Natural and Man-Made Disaster Preparedness. Agriculture and Markets Law.


In New York, disaster emergency plans must include utilization and coordination of programs to assist individuals with household pets and service animals. Particular emphasis must be on evacuation, shelter and transportation options following a disaster.

NY - Dogs - Consolidated Dog Laws

These New York statutes comprise the state's dog laws.  Among the provisions include state licensing requirements, the sale of dogs by pet dealers, rabies control laws, and provisions related to dogs and hunting.

NY - Domestic Violence - Article 8. Family Offenses Proceedings.


This New York law pertains to the issuance of protection orders.  In July of 2006, the amendment that allows companion animals owned by the petitioner of the order or a minor child residing in the household to be included in the order was signed into law.  The law specifically allows a court to order the respondent to refrain from intentionally injuring or killing, without justification, any companion animal the respondent knows to be owned, possessed, leased, kept or held by the petitioner or a minor child residing in the household.

NY - Eagles - Chapter 43-B. Of the Consolidated Laws.


New York makes it illegal to "knowingly or with wanton disregard for the consequences" take, transport, possess, or engage in commerce of bald eagles or their parts without a valid permit.  This incorporates the exact language of the federal act. .

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