Category Archives: Animals

This was originally published on the SGR Blog.

Court Patiently Parses Pet Peeves

On October 27, 2018, Julie Hickson was walking her dog, Juno, through a neighborhood in the town of Chatham, Columbia County, when she approached a residence located at 144 Hudson Avenue. The residence was owned by Fredda Brown, who leased a portion of it to her daughter, Leah Brown-Oliva.

Brown-Oliva had just exited the residence with her own dog, Josie, who was secured by a retractable leash. As Brown-Oliva was closing the door behind her, Josie began running toward Hickson and Juno, pulling the retractable leash out of Brown-Oliva’s grasp. Josie and Juno quickly became engaged in a fight, as Hickson and Brown-Oliva attempted to separate the dogs. During the struggle, the retractable leash that was still attached to Josie became wrapped around Hickson’s legs, and she fell to the ground. Eventually, the dogs were separated, and Hickson and Juno walked away. Hickson later went to an urgent care center, where she was found to have fractures in both of her hands.

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.”