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New York Animal / Dog Law Questions & Answers
2 Answers | Asked in Animal / Dog Law for New York on
Q: We have the same dog for the past 5 years where we live. Now the insurance comp. says the breed we have is a problem.

Is that legal? It’s like they’re harassing us. The dog is very mellow and wouldn’t hurt a fly.

Benjamin Z. Katz
Benjamin Z. Katz answered on Aug 10, 2020

Is the company refusing to renew your homeowners policy? If so, you may have recourse.

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1 Answer | Asked in Animal / Dog Law for New York on
Q: My roommates ex moved out 12/2019 and left her dog. Yesterday she came and took her while I was preoccupied with my kids

She didn't ask if the dog could stay nothing. Just came home to her dog and everything else she owned gone. She's been over since and never says a word about the dog. I pay for food medicine everything for 9 months. She came over and while I was busy with the kids she took the dog. Now I... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Aug 1, 2020

You would have to sue her for ownership rights to be recognized. You can claim she abandoned the dog. However, unless she said or did anything that clearly expressed her wish to abandon, it will be an uphill battle. If you want to recover what you spent, you can sue her to be reimbursed for the... Read more »

1 Answer | Asked in Agricultural Law, Contracts, Animal / Dog Law and Lemon Law for New York on
Q: Are “Hobby Breeders” held to the same standards under NYS Pet Lemon Law? Or only Pet dealers?
Benjamin Z. Katz
Benjamin Z. Katz answered on Jul 21, 2020

If the hobby breeder sells 10 or more dogs or cats a year they are subject to the pet lemon law.

1 Answer | Asked in Animal / Dog Law for New York on
Q: Purchased puppy from a breeder. Puppy needed surgery for harmful congenital condition not listed in contract.

Breeder insisted the dog was fine, but 2 Veternarian's both had the same diagnosis. Is the breeder liable to pay? I kept the puppy and it had surgery. It states that under NYS law, a "dealer" is held to the Pet Lemon Law, which states that reimbursement is an option for the... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Jul 21, 2020

If the particular congenital defect was not disclosed but was discoverable, it sounds like it would fall under the Lemon Law.

1 Answer | Asked in Animal / Dog Law for New York on
Q: a neighbor left her cat with me for 5 months. I want to keep her due to the other aggressive cat at her home. Can I?

The neighbor left for Texas for 5 months. I took her to my house because her other cat is very aggressive to the one I care for. Now she is bringing 2 ither cats to the house when she comes home. Can I sue or petition to keep her?

Kristina M. Bergsten
Kristina M. Bergsten answered on Jul 17, 2020

Generally, no. Unless the original agrees and gives you the cat or you buy The cat. Under either scenario, make sure you get the transfer of ownership in WRITING.

1 Answer | Asked in Animal / Dog Law for New York on
Q: How can I get my dog back? :(

Me and my husband were homeless a year and a half ago and in the process of going to a shelter. We asked my husbands aunt to keep an eye on our dog until we got back on our feet. She agreed. And then she gave our dog away without informing us. She didn’t inform us until we showed up there and my... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Jul 14, 2020

You can possibly sue this person in replevin. I would talk to an animal attorney in NY, though, because in CO, once the dog is given to a good faith third party purchaser, the law protects that person and it is almost impossible to get the dog back.

2 Answers | Asked in Animal / Dog Law for New York on
Q: A friend that live in NY got served with a city complaint about her dog. Does she needs a lawyer to go to the hearing?

A lady who filed it accused my friend of having her dog threatened her while walking pass my friend’s property with no fence. The dog is friendly and well behave. She also does not remember interacting with the accuser or anyone. So we are not sure here if we need a lawyer

Kristina M. Bergsten
Kristina M. Bergsten answered on Jul 14, 2020

I would highly recommend she get a lawyer when going to court. The consequences to your friend and her dog could be serious, so it's always best to speak to a lawyer to go over defenses and consequences prior to going to court.

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1 Answer | Asked in Animal / Dog Law for New York on
Q: I was helping my brother post a dog that he found on the side of the road on a lost and found site.

It was a puppy that had fleas and worms in bald spots. It seemed neglected. Waited a few days and got no contact. It has been vaccinated and was rehomed. Before post I can put the post down I got a call. They admitted they let the puppy roam with cat’s outside, I guess this is why he was on the... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Jul 11, 2020

If you never had possession of the dog and only helped your brother post that he found a lost dog I don’t see a case against you. However, I can’t promise that they won’t try.

1 Answer | Asked in Animal / Dog Law for New York on
Q: can I have my two dogs back after been adopted a year ago with not my consent?

I had them when they was puppy. They almost 9 years old. I’m nothing with out them

Kristina M. Bergsten
Kristina M. Bergsten answered on Jul 10, 2020

No, unfortunately, that is not going to be likely.

2 Answers | Asked in Animal / Dog Law for New York on
Q: Dog ownership question - Are texting from the other party stating "Your dog" enough to prove the dog was given to me?

Mother states my 11 year old dog is hers and I will not be able to take the dog when I move out. The dog is the daugther of my grandmother's dog (purchaser is my mother).. She was given to my uncle at birth by my mother (I do not know if the dog was registered) and raised in his house for 8... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Jul 8, 2020

By itself, the texts are probably not enough, but with everything else you described, it would certainly help. If your uncle would be willing to testify in court that he gave the dog to you, that would be the most beneficial evidence to support your claim.

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2 Answers | Asked in Animal / Dog Law for New York on
Q: Can my building complex tell me what animal I cannot have as an emotional support animal?

I submitted my ESA letter to my. building complex. My building has a no dog policy. The animal I would like to have as an emotional support animal is a dog. The building rejected my request because in my ESA letter my psychologist stated that any animal I choose would provide me emotional support.... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Jul 5, 2020

No, under the FHA your complex cannot deny you an ESA, regardless of what animal you choose. So, your psychologist was correct. If your dog is only an ESA and not a SERVICE DOG - then your dog CANNOT go with you anywhere. ESAs are only protected in housing under the FHA, not the ADA. ESAs can NOT... Read more »

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1 Answer | Asked in Animal / Dog Law for New York on
Q: I drove to New York for vacation with my yorkie I had to take they greyhound back home so I had to leave my dog with

A lady I knew until I rented a car to drive back to get my dog now she’s saying she won’t give her back what should I do

Kristina M. Bergsten
Kristina M. Bergsten answered on Jul 3, 2020

You can call the police and see if they will help. You likely will have to show ownership documents. If they won’t help, you will have to sue to get your animal back.

1 Answer | Asked in Animal / Dog Law for New York on
Q: Someone stole my dog in my backyard he bit 2 cops while stolen he's in the pound they say can't get too after Aug 20th
Kristina M. Bergsten
Kristina M. Bergsten answered on Jul 2, 2020

Make sure you keep in contact with the pound so you don't lose your dog and follow their instructions on how to get him back once they give you instructions. If he bit people, you could be criminally charged.

1 Answer | Asked in Animal / Dog Law for New York on
Q: Getting a dog back

So my mother sold our family dog who is a yorki mixed poddle. We gave her to a couple who has 2 other dogs and wanted our dog Chloe. Of course we gave them Chloe. We checked up on them to see if chloe has adjusted to the new environment. They told my mother that she kept throwing up. So I told my... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Jul 1, 2020

If you transferred ownership without any conditions you do not have the legal right to demand her to be returned.

1 Answer | Asked in Animal / Dog Law for New York on
Q: put two deposits down on pups but the lady sold them after i gave her the deposite? she lives in NY i live in VT ?

so i put to puppies on hold with a deposit of 150 on each puppy so i only needed to pay them 300for the remaining of what they wanted . i picked one out on the 13th and one out on the 14th. 2wks latter i get a phone text that her sisters dog attacked one of my puppiues and needed to be put to... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Jun 29, 2020

The police in either state will consider this a consumer/civil matter not criminal. If you paid by credit card, call credit card company to dispute charge. You can make a complaint with Better Business Bureau, Attorney General’s office and Department of Consumer Affairs. If all else fails you can... Read more »

1 Answer | Asked in Animal / Dog Law for New York on
Q: If I put a non-refundable deposit on a puppy and have a receipt and do not receive the puppy, what can i do?

I put a non-refundable deposit on a puppy for $200, the breeder gave me a receipt, the time to pickup the dog has come and the breeder won’t respond to my texts or calls, what can I do?

Benjamin Z. Katz
Benjamin Z. Katz answered on Jun 26, 2020

If you have made several attempts to contact the breeder without a response you can certainly call the Better Business Bureau or the Department of Consumer Affairs. If the $200 was on a credit card, you can dispute the charge with credit card company.

1 Answer | Asked in Animal / Dog Law for New York on
Q: I rescued a Siberian cat from the street in NYC. The cat was starving, scared, and traumatized when I found it. I took

it to a vet in Brooklyn. The vet examined him and said it was a Siberian male but the chip on him wasn’t registered so they couldn’t find the owner. They posted on the hospital’s social media and I called all vets in the area where I found him but did not find any info regarding a lost cat. I... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Jun 24, 2020

It sounds like the breeder abandoned the cat if the cat was ever owned by the breeder. It seems coincidental that the same breeder that you friend was using is claiming ownership. Russian website?

1 Answer | Asked in Animal / Dog Law for New York on
Q: I have been taking care of a dog for my son's ex, since January 31st. It was supposed to be temporary,

Until she found a place where she could have her. In April, she went home to Seattle, and told me last week she is not coming back. What do I need to do to get the vet bills in my name, etc? How long is it before the dog is considered abandoned?

Benjamin Z. Katz
Benjamin Z. Katz answered on Jun 15, 2020

The best thing to do is to have her put in writing that she is giving up the dog. The law will not recognize leaving the dog with you as abandonment.

1 Answer | Asked in Adoption and Animal / Dog Law for New York on
Q: I adopted a dog at this shelter in NYC. they told me she was spayed. she started bleeding few months later spend around

1000 dollars on ultrasound etc the vet just told me she was not spay and the dog is on her first period. Can I sue the shelter because they lied to me? can they pay for the procedures I just paid?

Benjamin Z. Katz
Benjamin Z. Katz answered on Jun 10, 2020

Yes. You have a case against them for the cost of the procedure.

1 Answer | Asked in Animal / Dog Law for New York on
Q: My friend wanna me to stay with her dog for couple of week and I have dog for one year can she come pick the dog

So Ex best friend didn’t have place keep house so she ask me to take cate of it for couple day now she only gave me only 2 time dog food and now been whole year and couple month I had dog she haven’t gave me money for food or nothing and she ask for her dog back now what can I do to keep dog

Benjamin Z. Katz
Benjamin Z. Katz answered on Jun 6, 2020

You can demand reimbursement for the expenses of her dog if you want the money and sue her if she refuses. However, unless she agreed to give you the dog you would have to prove she abandoned it to get legal ownership.

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