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New York Animal / Dog Law Questions & Answers

2 Answers | Asked in Animal / Dog Law for New York on

Q: I let a friend hold my dog I want her back but he refuses to give her back to me he got a microchip without my consent

I let him hold my dog while I was having family issues now he refuses to let me see her or get her, I have a notarized letter from the person I bought the dog from is it worth going to court to get her back? Or would I be wasting my time , I have a order protection against the friend due to a fight... Read more »

Benjamin Z. Katz answered on Jul 20, 2019

If he is refusing to give you back the dog you can bring a civil action to get it back or to recover the out of pocket expenses you incurred. However, it is best to retain an attorney and expect it to cost a minimum of few thousand dollars in legal fees and court costs. I am handling a matter now... Read more »

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2 Answers | Asked in Animal / Dog Law for New York on

Q: can Someone claim a dog after a year even though no microchip and new owners have chipped registration and vet bills?

While walking dog which daughter had found over a year and vet checked for microchip twice

A women screamed you stole my dog!

Police came and pulled leash from daughters boyfriend and beloved dog gone. Do they have right to get dog back

Benjamin Z. Katz answered on Jul 18, 2019

If someone proves that they are the owner and that the dog was taken from them without permission they will be able to claim it for some time. If you want to challenge their claim you would need to litigate. I can go over the process with you.

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1 Answer | Asked in Animal / Dog Law for New York on

Q: Do I go through small claims court to get a dog back?

I know the person personally. I give them the dog for a few hours with written notice that the dog will be returned but the person won’t give him back. What do I do?

Benjamin Z. Katz answered on Jul 11, 2019

If you are the registered owner and the person is refusing to return it, you should call the police. Since a dog is considered property under the law this is considered theft.

1 Answer | Asked in Animal / Dog Law for New York on

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... Read more »

Benjamin Z. Katz answered on Jul 11, 2019

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...
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1 Answer | Asked in Animal / Dog Law for New York on

Q: what steps do I need to take to get my emotional support dog back?Cops said possession is 9/10 of the law!

I am the owner on all the paperwork and receipt of sale.I have been diagnosed with PTSD.Do I have no rights because the police officer pretty much said I didn’t!!My anxiety is through the roof!!!Help please!

Benjamin Z. Katz answered on Jul 5, 2019

The police officer is incorrect. If you are the legal owner you have the right to your dog.

1 Answer | Asked in Animal / Dog Law for New York on

Q: My grandmother gave away my dog without permission and the man who now has my dog refuses to give him back

Benjamin Z. Katz answered on Jun 25, 2019

Who was the registered owner of the dog? If it was you, then your grandmother had no legal right to give it away.

1 Answer | Asked in Animal / Dog Law for New York on

Q: My son who is a police office rescued a dog from the police station who was brought in after being left outside on

a city street tied to a bike rack for four hours while it was snowing out. Neighbors contacted the police and provided the identity of the supposed owner of the dog. The supposed owner came to the police station and signed the dog over to my son and provided the original owner who is supposed... Read more »

Benjamin Z. Katz answered on Jun 22, 2019

The law still treats dogs and other pets as property. However, there has been a recent trend to weigh property rights against what is in the best interests of the pet. If this person can establish ownership in the first place, it can be argued that he abandoned his rights or otherwise transferred... Read more »

1 Answer | Asked in Contracts and Animal / Dog Law for New York on

Q: If two people are on a vet account but only one signs any papers and payment agreement are both responsible for the bill

A few months ago my ex sister in laws pet needed to be seen by a vet. I called the vet and set up the appointment for her. The vet put both of our names on the file even tho it was for her animal. I went with her to the appointment for moral support and I watched her animal for a few days till she... Read more »

Bruce Alexander Minnick answered on Jun 17, 2019

It sounds like you have some choices: (1) Pay the old vet bill so the vet will take your pet in; (2) don't pay the vet bill and wait to see if the vet tries to collect; (3) Ignore the two previous choices and find a new vet for you pet (4) do nothing.

2 Answers | Asked in Real Estate Law and Animal / Dog Law for New York on

Q: Is a Board of Managers allowed to release medical records on file for an ESA to all residents in a Condo Assn?

The condo board requires a letter from a medical professional, which is being requested by non board members to know why someone would have an ESA

Elaine Shay answered on Jun 13, 2019

The answer largely depends upon how the Board came into possession of the information. Unfortunately, HIPPA does not apply in all circumstances. See the following and the cited website for more info on who HIPPA applies to.

Who is Covered by the Privacy Rule

The Privacy Rule, as...
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1 Answer | Asked in Animal / Dog Law for New York on

Q: My mother has a dog. My step mother took it from her. What can we do about it

Benjamin Z. Katz answered on Jun 11, 2019

In general, the law treats pets as personal property. Therefore, if your mother can establish her ownership and your step mother took it without her permission, that is considered theft and she can involve the police. However, the law is gradually recognizing that pets are more than just property... Read more »

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for New York on

Q: what can i do if my landlord is trying to make me remove my dog but my neighbor has a dog? they dont reply to me

my lease states no dog but i assumed it would be ok because my neighbor has a dog. i did not realize it stated no pets because i brushed right by it. they dont answer my emails and when she does its very rude. i call the office they tell the assitants to say they are not there. what can i do ?

Elaine Shay answered on Apr 25, 2019

Parties to a lease are presumed to be responsible for reading the documents they sign and if they fail to do so sometimes suffer unfortunate consequences. Fortunately, if the landlord waits more than three months to take action to enforce the "no pet" provision of the lease, you may have a defense... Read more »

2 Answers | Asked in Personal Injury, Animal / Dog Law and Civil Rights for New York on

Q: How long ussually a case take after fillings

Peter Briskin answered on Aug 10, 2018

This is a very difficult question to answer. Duration of the litigation process varies from case to case. It depends on a number of factors including how many parties are involved in the lawsuit, the complexity of the issues involved, The cooperation of counsel for the parties as well as the... Read more »

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1 Answer | Asked in Animal / Dog Law, Landlord - Tenant and Real Estate Law for New York on

Q: Can future tenant be eliminated as she wrote on rental application she has a cat and there is a no animal policy?

I have an apartment for rent in Westchester NY through a realtor. There is a no pet policy. The prospective tenant wrote on her application that she has a cat. She is on section 8, which I don't know is relevant or not. Now my realtor is telling me the tenants realtor told her that she is going to... Read more »

Michael David Siegel answered on Feb 16, 2018

Yes, you can reject her for the cat.

1 Answer | Asked in Animal / Dog Law and Employment Law for New York on

Q: As a volunteer working at an animal refuge in NYS, do you have any rights when it comes to living conditions and health?

Does OSHA cover volunteers at a non-profit animal refuge in NY? And if not, is there any state or federal law that covers the health and living conditions of volunteers?

The contract that was signed said that I would live on site, but the living conditions are almost worse than the animals'!

V. Jonas Urba answered on Dec 13, 2017

You are asking a human habitation or housing question.

Call local building inspectors - whoever inspects or issues building or renovation permits. Is the building zoned residential and does it have CO, certificate of occupancy for human habitation?

Local building inspectors can...
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1 Answer | Asked in Criminal Law, Real Estate Law, Animal / Dog Law and Landlord - Tenant for New York on

Q: Former landlord took parent's dog, changed the front lock, yet left them acess to rear after taking dog. Is this legal?

Lee A. Koch answered on Oct 10, 2017

It depends on the situation. There aren't enough facts here to make a determination. Reach out to an attorney who gives a free consultation to discuss it in more detail.

1 Answer | Asked in Criminal Law and Animal / Dog Law for New York on

Q: My neighbor threatened to report my dogs as dangerous and report my yard to the city as too messy

Because i would not meet his demands for changing my fence and i told him to keep his dogs off my property and away from my fence. The fence is 2 feet into my property. Rpd said his threats were not harassment since he did not threaten bodily harm. He still allows his dogs to come to the fence... Read more »

Aubrey Claudius Galloway answered on Sep 15, 2017

I would just file it in city court and ask for an injunction. Feel free to call me if you have any questions… Our firm can do this for $720.

Aubrey

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1 Answer | Asked in Animal / Dog Law for New York on

Q: I live in Staten Island,NY . Is it legal for my dog to go pee in grass between the sidewalk and the street?

I live in Staten Island, NY and I walk my dog on the street/sidewalk. He usually goes to the bathroom on the grassy area between the sidewalk and the Street. Of course I pick up the poop but obviously there is nothing you can do about the pee but today I had a neighbor tell me he doesn't want my... Read more »

Ali Shahrestani, Esq. answered on Sep 6, 2017

I see no problem with that assuming that area is public property. You can check the local records at the clerk's office to determine the ownership of the area in question. But why not just avoid that neighbor's general area? More details are necessary to provide a professional analysis of your... Read more »

1 Answer | Asked in Animal / Dog Law for New York on

Q: My boyfriend was out of state for work and his ex called and had the dogs removed (abuse/neglect) what are his rights?

He left the dogs in his ex's care while he was away. She neglected them and blamed it on him. He found one of the dogs at the shelter and they refused to give them back because of the abuse/neglect. What can he do to get the dog(s) back? One dog was adopted by someone else. He was out of state when... Read more »

Ali Shahrestani, Esq. answered on Jul 26, 2017

He may be able to sue the ex for conversion of personal property or negligence. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors,... Read more »

1 Answer | Asked in Animal / Dog Law, Domestic Violence and Landlord - Tenant for New York on

Q: Greetings, I have a man odd situation, a new roommate moved in that had a cat, and so do I, I have a sphynx, we made an

Agreement that she keep her cat in her room for the first month so they can acclimate to each other's scents, and I made it clear how vulnerable my cat was because of his lack of fur, after 1 week of living here she decided all on her own to let the cats together while I was at work, her car... Read more »

Ali Shahrestani, Esq. answered on Jul 25, 2017

You can sue for damages related to conversion of personal property and breach of contract in small claims court. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me,... Read more »

1 Answer | Asked in Animal / Dog Law for New York on

Q: We have been taking care of someone else's dog for a year do we have the right to keep her?

We have been paying for everything on her. Her vet bills and food

Ali Shahrestani, Esq. answered on Jul 14, 2017

Do you have a contractual agreement for payment in exchange for care? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors,... Read more »

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