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New York Animal / Dog Law Questions & Answers
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
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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... View More

Kristina M. Bergsten
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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.... View More

Kristina M. Bergsten
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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... View 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
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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
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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... View More

Benjamin Z. Katz
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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... View More

Benjamin Z. Katz
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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... View 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
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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... View More

Benjamin Z. Katz
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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
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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
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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
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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.

1 Answer | Asked in Animal / Dog Law for New York on
Q: 90 year old man is perm in the hospital. He has no family. Can I give his dog to a rescue? Dog has tumors & needs a vet.

I volunteer with the rescue. The man is incapacitated and cannot sign over surrender papers.

Benjamin Z. Katz
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answered on Jun 3, 2020

Does someone hold power of attorney for him? If so, that person can consent. If not, it’s best to get the man to agree orally I’m front of witnesses. Record it if possible. In the end, if the dog is suffering, the police can take custody and place in the rescue’s care.

1 Answer | Asked in Animal / Dog Law for New York on
Q: My friend gave me her cat and put past vet bills under my name. Do I have to pay them? Even though the cat wasn’t mine.

My friend only gave my email address and phone number so the vet has been contacting me about the bill due. Im not sure if and how it will affect me.

Benjamin Z. Katz
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answered on Jun 1, 2020

How did she “put” vet bills in your name? Unless the vet has an agreement with you directly, the vet has no legal right to go after you. However, I would recommend you avoid using that vet office if possible so you can avoid getting between it and your friend.

1 Answer | Asked in Family Law and Animal / Dog Law for New York on
Q: Can I get my wife's dog out of our apartment because I never wanted a dog, and my name is the only one on the lease?

We are estranged but we still live in the apartment together and I told her I did not want a dog in the apartment. She got one anyway. What steps can I take to get the dog out?

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on May 31, 2020

Unfortunately, as you are married, there isn't anything you can do unless the lease says no pets are allowed.

1 Answer | Asked in Animal / Dog Law for New York on
Q: My ex agreed to watch my animals till I got my own place. He is now saying he can keep my dog Bc it’s been 60 days

Me and my ex split two months ago, he is now trying to keep my dog and my cat that he agreed we’re ok to stay there till I got my own place. I have bought collars and food and shots for them I also have prove of purchase for my dog. Can I get my animals back tho it’s been 60 days?

Benjamin Z. Katz
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answered on May 26, 2020

There is no 60 day rule. But if he refuses to give them back you will have to go to court.

2 Answers | Asked in Animal / Dog Law for New York on
Q: What is the law on walking a dog on someone else’s property?

I usually let my dog walk about a foot, not more than 2, on neighbors property. If he goes to the bathroom, I pick it up. But if the property owner says I can’t walk him on their lawn, do they have the legal right to do so?

Benjamin Z. Katz
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answered on May 24, 2020

Property owners have the legal right to refuse or restrict access to their property with few exceptions. Your situation wouldn’t qualify as an exception.

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1 Answer | Asked in Animal / Dog Law for New York on
Q: If a pet rescue caused damage to a pet I adopted, can i sue for cost to fix the damage?

I adopted a cat but the rescue spayed too early and a hernia resulted I have to pay for a vet to fix the damage

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answered on May 6, 2020

If you signed adoption paperwork, it should contain a provision for damage, disease or illness. If it doesn’t you should be able to return the pet. Since you already paid for the care you can attempt to seek reimbursement. If the rescue refuses, you may be able to sue if they made false... View More

1 Answer | Asked in Animal / Dog Law for New York on
Q: My town limits 2 dogs per household, but I have 3 if I register one as an ESA can I keep all 3?
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answered on May 4, 2020

Service animals and emotional support animals are generally not considered pets. However, it is important to analyze the laws of the municipality and any recent court actions decided there to properly advise on this. It may not be as simple as registering or getting a letter.

2 Answers | Asked in Animal / Dog Law for New York on
Q: For Westchester County, NY.. can a landlord evict due to a dog. Landlord knew about the dog. Dog is Pit Bull.

Had the dog for some time. The tenant downstairs is complaining about the dog.

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answered on May 4, 2020

If the dog is not a service dog or emotional support animal and your lease has a "no pets" provision then the landlord has the right to evict due to a violation of your lease. If there is no such provision or if the landlord knew that you were violating the lease and allowed it to... View More

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