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New York Animal / Dog Law Questions & Answers
1 Answer | Asked in Animal / Dog Law for New York on
Q: Who has ownership over the dog in this situation?

A friend and I share a dog. She originally got the dog and it started out as me going to her house to let the dog out.

Than I started keeping the dog. Days turned into weeks and week turned into months. She can go weeks even months without seeing the dog (she admitted this over text). I... View More

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answered on Dec 11, 2019

Each state has different laws and court decisions to guide judges in making ownership determinations. Since you live in Massachusetts, you would need the advice of an attorney there.

1 Answer | Asked in Animal / Dog Law for New York on
Q: 10 yr old dog, been splitting custody, time & visitation EVENLY with an ex for the past 5 years. Now ex is withholding.

I recently moved out of NY state, and have been traveling to transport the dog for the past 1.5 years via plane. Recently, my ex has asked (emailed) that I give full custody "because it is preventing them from finding true love, and is turned away by anyone they meet because of the... View More

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answered on Dec 9, 2019

You have a strong position based upon your payment receipt, communication with the breeder and the letter from your psychiatrist. These items are still the best method to demonstrate legal ownership.

1 Answer | Asked in Animal / Dog Law for New York on
Q: If a dog ran from it’s yard and tried to attack me and I fall and hurt myself can I sue them

The owner was running behind him scream no but it kept coming and I fell and hurt myself before someone else intervened

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answered on Nov 26, 2019

Yes. However, in New York there is a requirement that the dog has shown prior acts or conduct in order to prevail against the owner. It may require some investigation.

1 Answer | Asked in Animal / Dog Law, Civil Rights and Landlord - Tenant for New York on
Q: How do I file a claim against a lawyer (Versace) for discrimination?

I reside in the apartments he owns(big mistake). I have an ESA, and he's denying to accept it. Meanwhile I've seen 3 other dogs on the property.

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answered on Nov 6, 2019

You can file a complaint with New York State Division of Human Rights.

1 Answer | Asked in Animal / Dog Law for New York on
Q: My boyfriend gifted me a dog, we broke up and took the dog back from me, how do I get him back legally?

I moved from my house where the dog was staying a couple Months ago, and therefore he was staying with my boyfriend for a couple

Months. Me and my ex boyfriend got in a argument now he refuses to give him back. How can I get my dog back legally ?

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answered on Nov 3, 2019

I noticed you are in NJ. I’m not sure where the dog is but generally you will need to bring an action to recover the dog in the jurisdiction where it is located. Since most states (including NY) treat pets as property, you will need to prove ownership. Is the dog licensed to you? Do you have vet... View More

1 Answer | Asked in Animal / Dog Law, Family Law and Civil Litigation for New York on
Q: Who gets the dog and what are my rights?

A friend and I have been sharing a dog for about 2 1/2 years. She originally got the dog but I mainly takr care of the dog. I watched the dog more, trained, groomed him. She moved quite often and the dog was alone which is how I ended up with the dog so much. I would watch the dog for months at a... View More

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answered on Oct 20, 2019

It sounds like you both potentially can claim ownership. However, based upon what you indicated, you probably have a stronger claim. The two of you can agree who is the true owner through a written agreement. If not, the Courts may have to decide for you if there is a dispute in the future.

1 Answer | Asked in Animal / Dog Law for New York on
Q: My ex asked me to dog sit for him for 3 days while he went to rehab as he had no one else to care for him and didnt want

to lose him. It's 11 days over the agreed upon date he would retrieve the dog. I have called and texted asking when he plans to come and I am ignored. He has told a mutual friend via text that he has no where to bring the dog. How long before I can surrender the dog to a rescue to find it a... View More

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answered on Oct 18, 2019

You can take the dog to local shelter at any time. Make sure to give them all your ex’s contact information and let him know where you brought the dog.

1 Answer | Asked in Animal / Dog Law for New York on
Q: Found a dog but could not find its owner. What are my rights?

My fiance and I found a dog walking around without a tag, and couldn't find out where she came from. We posted and checked lost dog groups on Facebook, checked the area and surrounding areas frequently but did not see any posters. We planned to foster the dog until we found the owner but... View More

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answered on Oct 4, 2019

To apply for a dog license, most municipalities only require proof of vaccinations. However, before you do all that you must report to local law enforcement and check with local animal shelters. If you don't, any claim to ownership will be jeopardized for the future. You should also post... View More

1 Answer | Asked in Animal / Dog Law for New York on
Q: How do I report suspected animal neglect or abuse? What specific website or phone number can I call to report neglect?

One of my neighbors leaves their dog outside in their yard unattended at least once or twice a week. The dogs nose has some redness on it, because the dog burrowed some small holes in front of the fence and it sometimes tries to stick it's nose under the fence while barking at people who pass... View More

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answered on Sep 25, 2019

There are several places to report abuse and neglect. The local police department, NYSPCA, Humane Society and even Attorney General’s office. However, what you are describing may not rise to the level of neglect or abuse that would trigger a visit by any of those agencies.

1 Answer | Asked in Animal / Dog Law for New York on
Q: Can the police in New York refuse to take a police report for a stolen dog.

A groomer I use to groom my dog Oreo surrendered a dog in her care to me in June because she was not allowed to have more than two pets in her home. I have text messages of the conversation we had regarding her surrendering me the dog. The dog has now been in my care since then and my families care... View More

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answered on Sep 20, 2019

Yes the police may refuse if they don't believe a crime has occurred. Based upon what you wrote, the police probably consider this a civil matter. You can bring an action against the groomer in court if you wish to pursue this. The action can seek return of Olive and/or damages for your... View More

1 Answer | Asked in Animal / Dog Law for New York on
Q: If I find a dog on the street that doesn’t have owner atm because there’s no posters and a friend went around and asked

And I give it away under the impression there’s no owner and I can’t take care by myself and then the owner pops up the next day and I don’t have it anymore and can’t get it back could I be in trouble I didn’t sell it or anything but I had a family member hold it and they gave it away can... View More

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answered on Sep 11, 2019

It doesn’t sound like anything you did would be considered illegal, reckless or negligent. However, many pets are microchipped and it is best to get in touch with a local pet association to have the best chances of reuniting pets with their owners.

1 Answer | Asked in Animal / Dog Law for New York on
Q: Do I legally own my cat after adopting him from a rescue organization?

Months after adopting my cat from a rescue organization, the organization continues to contact me regularly for updates on the cat. They refer to him as “their” cat. I see that I signed an adoption agreement agreeing to never let him outdoors, and to never give him to another owner unless the... View More

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answered on Aug 20, 2019

He is your cat. As far as letting him outdoors, that may be because of medical or emotional conditions that he may have. You can certainly ask them why they have that provision. As far as the vetting provision, it is pretty common with rescue agencies. They don't forget about animals that... View More

1 Answer | Asked in Animal / Dog Law for New York on
Q: Ex is the legal owner of our dog. I paid for her and I take care of her, financially and physically. Can I get custody
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answered on Aug 15, 2019

Although property rights generally apply to pets, more and more courts are looking past those rights to do what is best under a totality of the circumstances. So, the answer is that it is possible but will depend upon the specific facts.

1 Answer | Asked in Animal / Dog Law for New York on
Q: Can I have a cat/ with new born kittens removed from a home legally to avoid it dying from severe neglect?

I’m terrified this mother cat will starve . There’s no cat food. I shared my cats food against the owners wishes. I provided cat litter . This cat will run out of milk. She’s imaciated . Thin as rails, I was staying at the home for a week or so and did my best to share what I had just so this... View More

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answered on Aug 6, 2019

To report animal neglect you can call the Attorney General helpline at 1-866-697-3444. If you don’t get results from that office I suggest calling your local humane society to get guidance for your area.

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... View More

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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... View 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

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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?

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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... View More

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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!

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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
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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.

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