New York

Summary: The plaintiff in this case filed suit against the defendant, a dog breeder, to recover medical fees after receiving a dog that had a “severe genetic heart defect.” The dog was purchased by a third party and given to plaintiff as a gift. The court in this case held that the plaintiff was not entitled to damages under the General Business Law or the Uniform Commercial Code. The court held that the plaintiff was not entitled to damages under the General Business Law because the dog was not actually purchased by plaintiff. In addition, the plaintiff was not entitled to recover under the Uniform Commercial Code because plaintiff was unable to establish “privity with the defendant or personal injuries arising from the alleged defect,” which are required in order to recover damages. The judgment was affirmed.

Summary: Plaintiff brought this action in Small Claims Court for the recovery of $254.63 after purchasing a dog from the Defendant. At the time of purchase, the Defendant gave a five day guarantee to the Plaintiff that if a veterinarian found anything wrong with the dog, the dog could be returned and the Plaintiff would receive a refund. The Plaintiff took the dog to a vet within five days and although she was told that the dog had a urinary infection, the Plaintiff kept the dog. Within 14 days of the sale, the Plaintiff learned that the infection was serious, and she contacted the Defendant requesting a refund under article 35-B of the General Business Law. The Court stated that Plaintiff's cause of action under the General Business Law failed: because it did not give the Plaintiff the right to recover damages, since the statute only covered "pet dealers" or "breeders" who sold more than one litter of animals per year. There was no evidence to indicate that the Defendant sold more than one litter of puppies. Also, because the Plaintiff chose not to return the dog for a refund within five days after learning about the infection, she could not seek recovery for breach of an express warranty (UCC 2-313). Lastly, because the Defendant was not a “merchant" the Plaintiff could not recover for the breach of an implied warranty (UCC 2-314).

Summary: This New York law comprises the state's ecoterrorism provision. A person who has been given "notice," as defined by the law, is guilty of the crime of "unlawful tampering with animal research" if he or she: (1) knowingly or intentionally releases an animal from a facility or causes the abandonment of an animal knowing that such animal was exposed to infectious agents prior to such release or abandonment and was capable of transmitting such infectious agents to humans; or (2) with intent to do so, causes loss or damage to secret scientific material, and having no right to do so nor any reasonable ground to believe that he has such right, causes loss of or damage to any secret scientific material in an amount in excess of two hundred fifty dollars at a facility.

Summary: Petitioner brought this proceeding pursuant to CPLR article 70 and under the common law for a writ of habeas corpus on behalf of Hercules and Leo, two chimpanzees in the custody of respondent State University of New York at Stony Brook. It sought an order directing respondents to demonstrate the basis for detaining Hercules and Leo, and an order directing their release and transfer to a sanctuary in Florida. Respondents opposed the petition and cross moved to change venue. While the Supreme Court of New York County found that neither CPLR 7002(b)(3) nor CPLR 7004(c) required a change of venue to Suffolk County; that the petitioner had standing to bring the case; and that prior proceedings did not bar this case from being heard, the substance of the petition required a finding as to whether a chimpanzee was a legal person entitled to bring a writ of habeas corpus. Since the Court found it was bound by the Third Department in People ex rel Nonhuman Rights Project, Inc. v. Lavery, which ruled that chimpanzees were not “legal persons” entitled to the rights and protections afforded by a writ of habeas corpus, it denied the habeas corpus petition and dismissed the proceeding.

Summary: Veterinarian contacted State Police after allegedly observing deplorable conditions in Plaintiff's barn. The premises were subsequently searched, and a horse and three dogs were removed and later adopted. Plaintiff commenced an action in City Court for, inter alia, replevin, and several defendants asserted counterclaims based on Lien Law § 183. The Lockport City Court entered partial summary judgment in favor of owner and ordered return of animals. On appeal, the Niagara County Court, reversed and remanded. Owner appealed to the Supreme Court, Appellate Division, Fourth Department, New York. The Court found the Niagara County Society for the Prevention of Cruelty to Animals, Inc. (SPCA) was not required to bring a forfeiture action to divest Plaintiff of ownership of the seized animals because the animals were kept in unhealthful or unsanitary surroundings, the plaintiff was not properly caring for them, and the plaintiff failed to redeem the animals within five days before the SPCA was authorized to make the animals available for adoption. The city court’s order was affirmed as modified.

Summary: Plaintiffs adopted a basset hound from animal control despite the fact that the dog had been turned over by a prior owner to be euthanized. The basset hound, who attacked the plaintiffs on three different occasions without injury, attacked plaintiffs' other dog. When one plaintiff tried to separate the dogs, the basset hound attacked him. Defendant removed the basset hound from the home that same day and refused to return the dog to the plaintiffs. Plaintiffs commenced this action seeking to recover damages for injuries, asserting causes of action for, among other things, negligence, fraudulent misrepresentation, products liability and intentional infliction of emotional distress. On appeal from the New York Supreme Court decision, the appellate court found that under the circumstances, issues of fact exist as to whether plaintiffs reasonably relied on defendants' misrepresentation and whether plaintiffs could have discovered the dog’s dangerous nature with due diligence. The appellate court also found that the contract clause at issue did not preclude plaintiffs from recovering for negligence because it did not “advise the signor that the waiver extended to claims that might arise from the defendant's own negligence.” The appellate court did, however, find that plaintiffs did not satisfy the “rigorous ... and difficult to satisfy requirements for a viable cause of action for intentional infliction of emotional distress.” The court also found that sanctions were not warranted.

Summary: This is a short overview of New York Great Ape law.

Summary: The following discussion begins with a general overview of the various New York state statutes and regulations affecting Great Apes. It then analyzes the applicability of those laws to the possession and use of apes for specific purposes, including their possession as pets, for scientific research, for commercial purposes, and in sanctuaries.

Summary: This case is an appeal from a Supreme Court judgment denying petitioner's application for an order to show cause to commence a CPLR article 70 proceeding. At issue is the legal status of a chimpanzee named Tommy who is being kept on respondents' property. Petitioners filed a habeas corpus proceeding pursuant to CPLR article 70 on the ground that Tommy was being unlawfully detained by respondents. They offered support via affidavits of experts that chimpanzee have the requisite characteristics sufficient for a court to consider them "persons" to obtain personal autonomy and freedom from unlawful detention. The Court of Appeals here is presented with the novel question on whether a chimpanzee is a legal person entitled to the rights and protections afforded by the writ of habeas corpus. In rejecting this designation, the Court relied on the fact that chimpanzees cannot bear any legal responsibilities or social duties. As such, the Court found it "inappropriate to confer upon chimpanzees the legal rights . . . that have been afforded to human beings."

Summary: Petitioners seek, among other things, a declaration that force-fed foie gras is an adulterated food product and an order prohibiting the state respondents from allowing foie gras into the human food supply. Pre-answer motions to dismiss asserted, among other things, that petitioners lacked standing. Supreme Court granted dismissal upon such ground and petitioners appealed. Petitioner Stahlie contended he had standing based upon allegations that he occasionally ate foie gras at parties and other events and that this might increase his risk of developing secondary amyloidosis. The court, however, found the risk of exposure to be minimal and the indication of harm uncertain since Stahlie had no underlying medical conditions that might be related to an increased risk of secondary amyloidosism, that his exposure to foie gras was infrequent, and that he did not cite a situation of any person ever suffering secondary amyloidosis that was linked to foie gras. The Animal Legal Defense Fund argued that since it used its resources to investigate and litigate the alleged conduct of the state respondents, it had standing. The court, however, found that a finding of standing under this situation would essentially eliminate the standing requirement any time an advocacy organization used its resources to challenge government action or inaction. Lastly the court found that petitioners had not alleged ‘a sufficient nexus to fiscal activities of the state to allow for State Finance Law § 123-b standing.’ The lower court’s decision was therefore affirmed.