Lawyers, Answer Questions  & Get Points Log In
New York Animal / Dog Law Questions & Answers
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.

View More Answers

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.

View More Answers

1 Answer | Asked in Animal / Dog Law for New York on
Q: I licensed my dog under my name and my mom is saying that he is hers and is trying to not let me take him when I move.

I licensed him under my name and I’m trying to find somewhere to microchip him under my name as well. My mom has paid all his vet bills because I didn’t have a way to but I have a job now and a way to pay for his medical needs when it comes to that time. I just want to know if there’s... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Aug 17, 2020

Dogs are supposed to be licensed in New York State. That can be used as further proof of ownership. You will only need to prove ownership if the issue is litigated.

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for New York on
Q: I openly owned a dog for 13 years and he passed. I want a new dog but the landlord doesn't. Can he prevent a new dog?

I owned a 25-pound poodle so there was no shed, no damage to the building, only slight barking from people passing in the building. There was never a problem with the dog before but now that he's passed and I took the time to grieve about it for a few weeks. I'd like a new poodle no... Read more »

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

Does the building have a no pets policy? Is it in your lease agreement? If it is not contained in written form they can’t just say no.

1 Answer | Asked in Animal / Dog Law for New York on
Q: GM. My daughter asked a woman to babysit her dogs. Now the woman is trying to keep them. Wont answer door.

The dogs were there since this Feb. Daughter in a family shelter. My grnd-dautr was taking 1 dog to start college Mon.

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

If your daughter is the legal owner, she can call the police to make a report. The police may or may not be helpful. If they are not, she may have to bring an action in court to recover them.

1 Answer | Asked in Animal / Dog Law for New York on
Q: So does my dog belong to her?

I recently purchased a dog with my money and my name on the microchip but my friend fill out the paperwork while I stepped away for a moment, without realizing that she put her name on the paperwork.

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

I’m not sure what paperwork you referring to. If she is listed as the purchaser on the bill of sale then she will be able to claim ownership. If you’re concerned, you can sign an agreement with her establishing you as the owner.

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.

View More Answers

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.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.