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New York Animal / Dog Law Questions & Answers
1 Answer | Asked in Contracts and Animal / Dog Law for New York on
Q: what can i do if someone hasn’t paid in full for a puppy i sold them?

She begged me for the dog and said she can pay $1000 for him now & $1350 later. She then took him to the vet several times because he had diarrhea from the food the vet said she fed him . I told her i will refund her and take him back but she said she will handle everything and now she said... View More

Michael David Siegel
Michael David Siegel
answered on Apr 24, 2022

A suit of $1350 is small claims. You can sue there.

1 Answer | Asked in Animal / Dog Law for New York on
Q: Who would help if animals are not getting treated right at a dog daycare and boarding facility?

One employee was told to kick the dogs if they didnt listen. I was told to scream at them. Some don’t get water throughout the day or medicines.

Tim Akpinar
Tim Akpinar
answered on Apr 28, 2022

It would be best for the attorneys who work with Animal/Dog Law to answer this, and you posted in the correct category. I'm sorry your question remains open for two weeks. You showed the courage to seek assistance for a sad situation involving the mistreatment of animals; dogs deserve to be... View More

1 Answer | Asked in Animal / Dog Law for New York on
Q: Can a landlord force you to put up a beware of dog sign for dogs that aren't even aggressive?

My property manager told me that I needed to get a beware of dog sign just for insurance purposes, because he knows they're not mean I went with it but I didn't think it was urgent then 2 days later he started harassing me saying I had 24 hours to get the sign or he'd contact a... View More

Benjamin Z. Katz
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answered on Feb 28, 2022

If his insurance company is requesting it and it is placing his coverage in jeopardy, it is reasonable. Your lease will set forth what the landlord may or may not request of you. However, unless you have some reason to refuse, it is not worth the trouble.

1 Answer | Asked in Animal / Dog Law and Civil Litigation for New York on
Q: We have a neighbor who is constantly sending us letters complaining about our barking dogs.

We have proof of her standing in front of our house deliberately taunting our dogs. Along with every letter she sent threatening us with the police and animal control. Do we have a harassment claim against her?

Benjamin Z. Katz
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answered on Feb 28, 2022

Whether this rises to the level of harassment will be a judgment call by the police or a local prosecutor. However, it may be a good idea to get her actions on record as a preemptive measure before she makes a complaint to the police. If your dogs are barking a lot and disturbing the... View More

1 Answer | Asked in Animal / Dog Law for New York on
Q: My mother's veterinarian dropped the ball on her dog's diagnosis and now he is going to succumb to this disease

My mother brought her dog to the vet with lumps on his side, they told her he needed surgery and sent her home with antibiotics and Chinese herbs! it shrunk and she was told he did not need surgery. 2 months later he is diagnosed with mast cell cancer! When I consulted with his former veterinarian... View More

Benjamin Z. Katz
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answered on Feb 28, 2022

If the vet is a member of the New York State Veterinary Medical Society, you should file a complaint with them. They will investigate faster than the appropriate state agency. Their complaint can be found at:

https://nysvms.knack.com/complaints

If the vet is not a member, you will...
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1 Answer | Asked in Animal / Dog Law for New York on
Q: My boy dog got my ex’s girl dog pregnant and now my ex won’t give me any money he sold them for can I sue him?
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answered on Nov 30, 2021

I assume you mean that he sold the puppies. If that is the case, you would need to demonstrate that you had an agreement to sell the puppies and split the profits.

1 Answer | Asked in Animal / Dog Law for New York on
Q: My ex purchased a dog while we were together. We broke up and he moved out and left the dog behind for a month now. He

Sent me a text that said the dog would be staying with me. Since then I microchipped and licensed the dog and took him to the vet for his rabies vaccine and for a check up. He has now told me that he has a notarized letter saying the dog belongs to him because he paid for him and he wants him back... View More

Benjamin Z. Katz
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answered on Oct 24, 2021

In New York, if you go to Court, the judge will decide what is best for all concerned. This is very fact sensitive. The process can take some time and the dog will generally stay where it is until the case is resolved.

1 Answer | Asked in Animal / Dog Law for New York on
Q: Human society refuses to operate on my dog if I don't spay her as well. is this legal after a visit and bloodwork done?

She has a mammary growth she was seen for and needs it test and removed. Is a clinic allowed to refuse to help you after working w them if I don't do as they say especially one that is supposed to help lower income individual and their pet in need of medical attention?

Benjamin Z. Katz
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answered on Sep 20, 2021

Yes. They can refuse.

1 Answer | Asked in Animal / Dog Law for New York on
Q: If your dog bit another dog in nys first incident ever and we agreed to initial vet bills are we liable to pay if the

Dog ripped his own stitches open causing more vet bills?… 4 days after initial vet visit the owner showed up stating the wound was superficial no damage everyone was fine then called an hour after leaving my house stating he was taking the dog back to the vet. Now second vet bill was near 1000$.... View More

Benjamin Z. Katz
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answered on Aug 6, 2021

You did the right thing offering to pay for the damages caused by your dog. As for the new charge, that is a judgment call. An argument can be made that this is related to the injuries caused by your dog. However, if the owner did not take proper precautions to prevent reinjury, you should not... View More

1 Answer | Asked in Animal / Dog Law for New York on
Q: I sold a puppy that cought parvo. New owner dewormed at the same time and he died. Am I responsible

New owner was treating the puppy for Parvo via a vet, next day she dewormed him and 5 hours later he died. Now she wants to sew me for a refund and vet bills. She claims we sold her a sick puppy when parvo didn't show any signs until 12 days after she picked him up and and he died on day 14 in... View More

Benjamin Z. Katz
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answered on Jul 18, 2021

It sounds like you have defenses to her claims.

1 Answer | Asked in Adoption and Animal / Dog Law for New York on
Q: I have my puppy for 7 months & I sell him for $100 now regret it & want him back but the owner won’t give him back.
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answered on Jun 14, 2021

When you legally sell something, you give up your rights to it in exchange for some form of consideration. In this case, money. Regret is not a valid reason to void the transaction.

1 Answer | Asked in Animal / Dog Law for New York on
Q: My neighbor is complaining about my dog's barking. Could he/she prosecute me or force me to get rid of my dog.
Toshinori Isoai
Toshinori Isoai
answered on Jun 16, 2021

She may not get rid of your dog just for the excesssive barking, but your neighbor may have a private nuisance claim against you on the ground that your dog interfered with his right to quiet use and enjoyment of his property. Your neighbor has the burden of proof.

1 Answer | Asked in Animal / Dog Law for New York on
Q: my friend still haven’t pickup dog after two year and now she want her back and what I can do

My friend want me take care of her dog for couple week and she was supposed to pick up the dog but never did it been 2 year now and she want her back

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answered on May 23, 2021

A case may be made that your friend abandoned the dog. If you refuse to give the dog back, your friend will have to get a court order, proving the dog was not abandoned and that your friend can provide a better situation for the dog. New York has a “best for all concerned” standard.

1 Answer | Asked in Animal / Dog Law and Federal Crimes for New York on
Q: Is pet flipping in New York State illegal?
Toshinori Isoai
Toshinori Isoai
answered on Mar 30, 2021

Assuming that this is a serious question, we recommend a review of New York Consolidated Laws, Penal Law - PEN § 155.05 where "Larceny" is defined.

2 Answers | Asked in Animal / Dog Law and Landlord - Tenant for New York on
Q: Does my landlord have the right to give me 60 day notice due to esa dog visiting me with the owner?
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answered on Feb 18, 2021

I’m not sure what type of notice you received. If you are doing something in violation of your lease, the normal process is to serve you with a Notice to Cure. That gives you a short time to correct the offending condition. A Notice to Terminate your lease would be inappropriate if this is the... View More

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1 Answer | Asked in Animal / Dog Law, Civil Litigation and Lemon Law for New York on
Q: What can we do about a baby hedgehog purchased from a dealer in CT, which died five days later? Necropsy showed abnormal

Necropsy done by the veterinarian showed abnormal kidneys. Breeder refused to refund $$ and to provide a replacement hedgehog. Implied Duty of Warrantability?

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answered on Feb 1, 2021

You would need to check on the existence of any Pet Lemon Law in CT. I would recommend checking with the CT Attorney General's Office. NY Lemon Law does not apply to out of state sales.

3 Answers | Asked in Animal / Dog Law, Personal Injury and Employment Law for New York on
Q: Do I have a right to defend myself, against a dog; If it attacks me in NY state?

I AM NOT, a violent person, and I DID NOT, hurt this dog! I was at work, and a customers dog was off the leash. A Big mastiff, type of dog! Im trying to work, and this dog is circling the shop, growling, and barking at me. I value my own life, and safety over this dogs! The day before, I asked this... View More

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answered on Jan 30, 2021

You should avoid hurting an animal if possible. If you are attacked you can use force to stop the attack and to avoid further injury.

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1 Answer | Asked in Animal / Dog Law for New York on
Q: I’m buying a dog from somewhere and it says it’s pure bred AKC registered but I don’t fully trust that they are telling

The truth to me. If it happens not to be registered is there any actions I could take against the breeders? I was looking to breed this dog and it has to be registered and pure bred.

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answered on Jan 25, 2021

1. Ask for the credentials in advance and check with AKC

2. Make sure the Bill of Sale indicates it is pure bred.

3. If you don’t trust this breeder, find another one.

You can bring action for breach of contract and fraud if it turns out to be a lie.

1 Answer | Asked in Animal / Dog Law and Contracts for New York on
Q: I signed a contract to sell a dog but now I feel the dogs aggressive.

Contract says I have to sell him “a dog” does it have to be that dog legally or is that vague enough I can loop hole out?

Tim Akpinar
Tim Akpinar
answered on Jan 19, 2021

The terms of the contract would govern your transaction. If the contract identifies that dog and that is the dog the person bargained for, then that dog is the one the person is entitled to. If you and the other party agree to a different dog, the contract could be modified with the consent of both... View More

3 Answers | Asked in Civil Litigation and Animal / Dog Law for New York on
Q: Can someone still take me to small claims court after a notarized general release form was signed?

My dog was attacking another dog at a dog park and the owner got bit in the process. A police report was filed. An ambulance came and took her to the ER. She got the ER bill. I paid for it and we signed a general release form specifying the amount that was to be paid (the ER bill). It was... View More

Michael David Siegel
Michael David Siegel
answered on Jan 2, 2021

Anyone can sue anyone if they pay the fee. Thus, the question is do you have a defense. It depends on what the form says. Assuming it is a true general release form, you should have a complete defense.

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