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New York Animal / Dog Law Questions & Answers
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
Benjamin Z. Katz 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$.... Read more »

Benjamin Z. Katz
Benjamin Z. Katz 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... Read 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... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Jul 18, 2021

It sounds like you have defenses to her claims.

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 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.
Benjamin Z. Katz
Benjamin Z. Katz 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 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

Benjamin Z. Katz
Benjamin Z. Katz 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?
Benjamin Z. Katz
Benjamin Z. Katz 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... Read 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?

Benjamin Z. Katz
Benjamin Z. Katz 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... Read more »

Benjamin Z. Katz
Benjamin Z. Katz 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.

Benjamin Z. Katz
Benjamin Z. Katz 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... Read 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... Read 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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1 Answer | Asked in Animal / Dog Law for New York on
Q: I gave someone my dog I have kids and my dad has dementia what I am going through with my dad I was not thinking straigh

She agree to give me back the dog now and days went by and now she doesn't and say it was mistreated it wasn't he had lots of hair he is healthy I have papers for the dog I need help

Benjamin Z. Katz
Benjamin Z. Katz answered on Dec 20, 2020

You may need to litigate. It is an action for replevin. I do not recommend doing this yourself.

1 Answer | Asked in Animal / Dog Law for New York on
Q: I have had my dog for 5 years n I broke up with my ex after 1 year of being together.

I have owned my dog for years way before we ever dated do I hhave to go to court for her

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

If you ex is keeping your dog from you, you will have to bring an action to recover the dog.

1 Answer | Asked in Animal / Dog Law for New York on
Q: My dog bit a human while he was trying to get at another dog at a dog park. Next course of action?

I am in NY. I was at a dog park alone with my medium mixed rescue dog and he was triggered by a puppy coming in. While we (the puppy’s owner and I) tried to break up the two, my dog bit the lady’s leg. We separated the dogs and an ambulance came while I waited. A Police report was filed. I... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Oct 21, 2020

I suggest you have her sign a General Release and agree to pay any medical bills not covered by her insurance.

1 Answer | Asked in Contracts and Animal / Dog Law for New York on
Q: What constitutes legal cat ownership?

We are fostering a special needs cat from a veterinary clinic which was also my fiancé’s employer. The Foster agreement was meant to lead into an adoption. However due to circumstances that were unavoidable she resigned her position. Now there is conflict with clinic which might lead to them... Read more »

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

Most fostering agreements do not contain provisions for ownership. Any legal rights that you may potentially have will be contained in the fostering agreement or through written or oral statements made by the employer.

1 Answer | Asked in Animal / Dog Law for New York on
Q: Can my dog be euthanized for killing my neighbors cat?

He dug out under the fenced in area. Her cats roam freely but this happened on her property. I wasn't home so I don't know if that's true. I live in NY upstate

Nicole Schaefer
Nicole Schaefer answered on Oct 5, 2020

Probably not. It depends on your local animal codes though. Generally speaking, a code will allow several incidents before euthanasia. Your dog may be labelled a "dangerous dog" though.

1 Answer | Asked in Animal / Dog Law for New York on
Q: I have been watching a dog for a friend for three years. At what point can I keep her?

Honestly thought I was having the dog ditched on me but I have absolutely fallen in love with this animal. I have had her spade and microchipped and have paid for food, treats, baths, etc for the past three years. At what point can I claim this as my dog?

Tim Akpinar
Tim Akpinar answered on Sep 18, 2020

This is something on which one of the an animal law attorneys could advise best. But you await a response for four weeks. It sounds like a difficult situation. On one hand, it sounds like your position is that you could be seen as the dog's owner, in all but name and legal formality. On the... Read more »

2 Answers | Asked in Animal / Dog Law, Car Accidents, Small Claims and Wrongful Death for New York on
Q: Does he have to pay the vet bill?

My grandfather accidentally hit someone's dog the other day, and left the scene (which he's already been ticketed for), and the dog didn't make it. The dog's owners tried getting him to pay the vet bill for the services the dog recieved before passing. Does my grandfather have... Read more »

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

He should speak with his car insurance company. However, I believe that he is liable from what you have said.

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