Brooklyn, NY asked in Animal / Dog Law for New York

Q: Do I have a case for a stolen dog?

I purchased a dog with an ex but was not able to shelter him. He give me the dog and i have been taking care of him for over a year now. The dog is now 2. He recently asked to see the dog and now he won’t give him back. All of the dog medical records are in my name, grooming receipts, amongst other receipts that shows that I was the only one ever taking care of the dog. Do I have a case in the state of NY?

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1 Lawyer Answer
Benjamin Z. Katz
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Answered

A: If you ex is the registered owner of the dog you cannot claim that it was stolen. If ownership was transferred to you then you have a case. If your ex is abusing or mistreating the dog that may be grounds to have it removed from his custody.

You may be able to recover for the money that you spent if you can demonstrate that because of his words or actions you believed he was giving you the dog. You may then claim that you reasonably relied upon those words or actions in spending the money and would not have done so otherwise.

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