Alison Arden Besunder, Esq., partner at Goetz Fitzpatrick LLP, successfully defended a client in a replevin action brought by his former partner seeking custody of the client’s dog, Dilon. Our client had signed the adoption papers and paid the adoption fees. Dilon resided in our client's Bronxville apartment and his address and contact information was embedded in the dog's microchip. The dog was also registered with the New York City Department of Health and Hygiene by our client and a dog license was issued with our client's name as the owner.
Traditionally, "pets are treated under New York law as personal property" (Schrage v Hatzlacha Cab Corp., 13 AD3d 150 [1st Dept 2004]). However, " the courts have recognized the 'cherished status' accorded to pets in our society in awarding possession of a [pet] in a custody dispute based in large part on what was in the best interest of the animal" (Feger v Warwich Animal Shelter, 59 AD3d 68, 72 [2d Dept 2008], citing Raymond v Lachmann (264 AD2d 340, 341 [1st Dept 1999]).
Based on Alison’s arguments, the Court rejected the Plaintiff’s attempt to use the court system to effectively “dognap” our client, denied the Plaintiff’s attempt to obtain a preliminary mandatory objection, and noted that the Plaintiff did not have a likelihood of success in proving that the dog should be returned to him. Bottom line? It was a ruff day for plaintiff in court, but Dilon will happily continue his dog’s life with our client.
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All Bark, No Bite: Man Keeps Best Friend
