Category Archives: Animals

This was originally posted on the SGR Blog.

Would Court Intervene/Assist Recovery on Emergency Basis?

Denise McCurrie suffered from anxiety and depression and lived on disability payments. On April 16, 2021, she experienced a medical emergency at her residence, requiring the services of an ambulance. Two Emergency Medical Technicians and two police officers arrived at her home. McCurrie was transferred by ambulance to a hospital, and the police officers took her dog Roscoe to the New York City Animal Care Center. She alleged that she made the police officers aware that Roscoe was an emotional support animal.

A few days later, McCurrie contacted the police and inquired as to Roscoe’s whereabouts. She was informed that Roscoe was given to ACC, which she contacted to inquire about her dog. She was informed by ACC that Roscoe was given to a shelter, but ACC would not provide the name of the shelter to her.  Subsequently, an individual applied for and adopted Roscoe from the shelter. McCurrie diligently sought to recover Roscoe, and brought suit upon obtaining counsel.

This was originally posted on the SGR Blog.

Court Determines Which Parent has Right to Sole Possession

Our Courts regularly and routinely resolve disputed claims to possession of personal property and controverted petitions for child custody. But, as a recent case illustrates, a Court may be required to adjudicate competing applications for possession/custody of a cherished canine companion.

Matthew Mundo sued Harry Weatherson to recover possession of a Chihuahua dog named Maximus. The complaint alleged that Maximus (valued at approximately $2,500) was being wrongfully detained by Weatherson because Mundo held a superior right to possession. Mundo asserted causes of action for replevin, declaratory judgment and intentional infliction of emotional distress.

This was originally posted on the SGR Blog.

Dog bite case decisions regularly and routinely address the legal basis of liability: did (or did not) the owner know of the canine’s “vicious propensity”. But that is where the similarity begins and ends. As a recent case illustrates, each case is “fact-specific” and requires an examination of the dog’s “propensity” pedigree.

Mindy Gordon was the owner of a dog named Mystery. On September 30, 2018, Amisha Mulji was walking her dog named CJ around 8:45 in the evening. Mystery was also out and being handled by Melissa Torres. Mystery was leashed but was not muzzled. Mystery then attacked, scratching Mulji and biting CJ. Eventually, CJ died from its injuries. As a result, the New York City Department of Health entered into a settlement with Gordon setting forth the care and responsibilities of Mystery. The settlement stated “Mystery was involved in both the foregoing incident and a prior incident on December 11, 2015, in which Mystery attacked and caused physical injuries to persons and killed another dog.”

This was originally posted on the SGR Blog.

Is every dog entitled to one bite? As a recent case illustrates, proof of prior canine misconduct is required to show vicious propensity. 

Suzanne Castelluccio was bitten on May 12, 2016, by a dog named “Charlie” in the driveway of 13 Kent Street in Rock Hill, New York, owned by Karen Hudson and Phillip Hudson. 

According to Karen Hudson, she and Castelluccio were traveling to Middletown when they stopped by the Hudson house in Rock Hill. Hudson exited the van and approached the chain-linked pen, which contained her Siberian husky, Charlie. The fence of the pen was approximately five feet high and extended to her garage. Hudson approached the gated pen, and Charlie jumped up with his front paws on the fence; she then went back toward the vehicle to retrieve her house keys. Castellucio saw Hudson pet the husky who asked for and was granted permission to pet Charlie. Hudson then proceeded from the van to her front door.

This was originally posted on the SGR Blog.

A dog may be wo/man’s best friend. But, when it comes to the law, a dog is a mere chattel or thing—possession of which is governed by the competing proofs in action for conversion.

Madison Shalloo sued Beleal Zarrour for the replevin of a dog on August 14, 2020. In her complaint, Shalloo alleged she was in a relationship with Zarrour. They shared an apartment in Long Island City from November 30, 2017, to January 10, 2020. In April 2018, they agreed to purchase a dog together. Shalloo located and was the contact person with the breeder. On July 2, 2018, they purchased a Welsh Terrier puppy named Gryffin Shalloo. And she reimbursed Zarrour for one-half of the cost of Gryffin.

This was originally posted on the SGR Blog.

New York Court of Appeals Decides If Clinic Has Liability (On 10/22)

Palmer Veterinary Clinic, PC treated Vanilla, a dog, for a paw injury at its clinic. That same day, Marsha Hewitt brought her cat to the clinic for an examination. As Hewitt waited in the reception area, a veterinarian returned Vanilla to her owner in the waiting room; the dog had just undergone a medical procedure to remove a broken toenail. At some point after the veterinarian handed Vanilla’s leash back to her owner, Vanilla saw Hewitt’s cat in its carrier, slipped her collar and—in an apparent attempt to reach the cat—jumped at Hewitt from behind, grabbing her ponytail.

Several months later, Hewitt sued Palmer, alleging that she suffered injuries as a result of the incident. And alleged that Palmer had a duty to provide a safe waiting room, that Palmer breached that duty by failing to exercise due care and by bringing an “agitated, distressed” dog into the waiting area, and that Palmer knew Vanilla had vicious propensities and was in an agitated and aggressive state. Palmer denied the allegations and asserting various affirmative defenses, including that the clinic was entitled to have any liability apportioned between itself and the dog’s owner.