New York

Erie County Society ex rel. Prevention of Cruelty to Animals v. Hoskins

Summary: <p> In this action, plaintiff animal society appeals from an order to return 40 horses to defendant after they were seized pursuant to a warrant. The issue of whether the Court has the authority to order&nbsp;return of animals to the original owner was raised for the first time on appeal. Despite the&nbsp; procedural impropriety, the Court found plaintiff's contention without merit. The Court held that the return of the horses is&nbsp;based on principles of due process, not statutory authority. </p>

In this action, plaintiff animal society appeals from an order to return 40 horses to defendant after they were seized pursuant to a warrant. The issue of whether the Court has the authority to order return of animals to the original owner was raised for the first time on appeal. Despite the  procedural impropriety, the Court found plaintiff's contention without merit. The Court held that the return of the horses is based on principles of due process, not statutory authority.

Thurber v. Apmann

Summary: <p> In 2007, the plaintiff and defendant were walking their respective dogs when one of defendant's two dogs, a retired K-9 dog, attacked the plaintiff's dog. Plaintiff sued defendant for damages she received as a result. While each dog did received "handler protection" training (where a K-9 dog is trained to react to an aggressive attack on defendant while on duty), that situation had never arisen because the dogs acted in passive roles as explosive detection dogs. Plaintiff countered that the severity of the attack coupled with the dogs' breed and formal police training should have put defendant on notice of the dogs' vicious propensities. In affirming the summary judgment, this court found that the formal police training was not evidence of viciousness and there was no support to plaintiff's assertion that defendant kept the dogs as "guard dogs." </p>

In 2007, the plaintiff and defendant were walking their respective dogs when one of defendant's two dogs, a retired K-9 dog, attacked the plaintiff's dog. Plaintiff sued defendant for damages she received as a result. While each dog did received "handler protection" training (where a K-9 dog is trained to react to an aggressive attack on defendant while on duty), that situation had never arisen because the dogs acted in passive roles as explosive detection dogs. Plaintiff countered that the severity of the attack coupled with the dogs' breed and formal police training should have put defendant on notice of the dogs' vicious propensities. In affirming the summary judgment, this court found that the formal police training was not evidence of viciousness and there was no support to plaintiff's assertion that defendant kept the dogs as "guard dogs."

Ruffin v. Wood

Summary: <p> While the plaintiff was tending her garden, the defendant's dog jumped on a chain-linked fence that separated the plaintiff's and defendant's property. Startled, the plaintiff fell and injured herself. As a result of the incident, the plaintiff brought a personal injury suit against the defendant. Finding the dog had no vicious propensities, the jury returned a verdict in favor of the defendant; the plaintiff then appealed and lost. </p>

While the plaintiff was tending her garden, the defendant's dog jumped on a chain-linked fence that separated the plaintiff's and defendant's property. Startled, the plaintiff fell and injured herself. As a result of the incident, the plaintiff brought a personal injury suit against the defendant. Finding the dog had no vicious propensities, the jury returned a verdict in favor of the defendant; the plaintiff then appealed and lost.

Hastings v. Sauve

Summary: Plaintiff motorist was injured after hitting a cow that had wandered onto the highway, and sued owner for negligently failing to confine cow. The Supreme Court held that&nbsp;injury claims could only proceed under strict liability theory based on owner's knowledge of animal's vicious propensities. There was no evidence that cow had a vicious&nbsp;propensity, or that owner knew of propensity, thus, owner was not liable. <strong> This order was Reversed by <em> Hastings v. Sauve </em> , 2013 WL 1829834 (N.Y., 2013). </strong>

Plaintiff motorist was injured after hitting a cow that had wandered onto the highway, and sued owner for negligently failing to confine cow. The Supreme Court held that injury claims could only proceed under strict liability theory based on owner's knowledge of animal's vicious propensities. There was no evidence that cow had a vicious propensity, or that owner knew of propensity, thus, owner was not liable. This order was Reversed by Hastings v. Sauve , 2013 WL 1829834 (N.Y., 2013).

Tennant v. Tabor

Summary: <p> Motorist collided with a horse and sued horse owners for damages. The Supreme Court held that, even if horse owners violated statute requiring them to provide shelter to horse, this did not constitute common-law negligence, which was required for damages. In addition, horse owners were not liable because there was no evidence that horse exhibited propensity to interfere with traffic prior to incident involving motorist. </p>

Motorist collided with a horse and sued horse owners for damages. The Supreme Court held that, even if horse owners violated statute requiring them to provide shelter to horse, this did not constitute common-law negligence, which was required for damages. In addition, horse owners were not liable because there was no evidence that horse exhibited propensity to interfere with traffic prior to incident involving motorist.

Gannon v. Conti

Summary: <p> In 2008, defendants' dog allegedly left their yard by passing through an underground "invisible" electrical fence system and bit the plaintiff who was sitting on her bike on the adjacent property. Plaintiff filed suit seeking damages for injury based on common-law negligence and strict liability. The lower court granted defendants' motion for summary judgment based on the fact that they had no prior knowledge of the dog's alleged vicious propensities. On appeal, the court found that even defendants' own depositions raised an issue of fact as to notice of their dog's alleged vicious propensities. Specifically, one defendant admitted&nbsp;he used a "bite sleeve" obtained through&nbsp;his employment as a police officer to encourage&nbsp;the dog to bite and hold a perpetrator's arm. This evidence that the dog was encouraged to leap up and bite a human arm created a sufficient issue of fact for the jury despite defendants' claim that this was a "play activity" for the dog. </p>

In 2008, defendants' dog allegedly left their yard by passing through an underground "invisible" electrical fence system and bit the plaintiff who was sitting on her bike on the adjacent property. Plaintiff filed suit seeking damages for injury based on common-law negligence and strict liability. The lower court granted defendants' motion for summary judgment based on the fact that they had no prior knowledge of the dog's alleged vicious propensities. On appeal, the court found that even defendants' own depositions raised an issue of fact as to notice of their dog's alleged vicious propensities. Specifically, one defendant admitted he used a "bite sleeve" obtained through his employment as a police officer to encourage the dog to bite and hold a perpetrator's arm. This evidence that the dog was encouraged to leap up and bite a human arm created a sufficient issue of fact for the jury despite defendants' claim that this was a "play activity" for the dog.

People v. Hock

Summary: <p> Defendant was denied his motion to set aside convictions under New York animal cruelty statute.&nbsp; The Criminal Court, City of New York, held that the 90 day period for prosecuting a Class A misdemeanor had not been exceeded. It also held that the jury was properly instructed on the criminal statute that made it a misdemeanor to not provide an animal with a sufficient supply of good and wholesome air, food, shelter, or water. It would be contrary to the purpose of the law and not promote justice to require that all four necessities be withheld for a conviction. </p>

Defendant was denied his motion to set aside convictions under New York animal cruelty statute.  The Criminal Court, City of New York, held that the 90 day period for prosecuting a Class A misdemeanor had not been exceeded. It also held that the jury was properly instructed on the criminal statute that made it a misdemeanor to not provide an animal with a sufficient supply of good and wholesome air, food, shelter, or water. It would be contrary to the purpose of the law and not promote justice to require that all four necessities be withheld for a conviction.

Huntingdon Life Sciences, Inc. v. Stop Huntingdon Animal Cruelty

Summary: <p> Animal rights protestors&nbsp;appealed the decision of the Supreme Court, Westchester County that permanently enjoined the protestors from engaging in protest activity&nbsp;that constituted a private nuisance (to wit, participating in targeted protest at the home of the plaintiff Mark L. Bibi). This court found that the protestors failed to refute the evidence from the lower court that showed the plaintiffs were entitled to a permanent injunction as a matter of law (including evidence of the appellant's federal conviction conspiracy to violate the Animal Enterprise Protection Act of 1992). While the court did find that the appellant-protestor's incarceration did not render the appeal academic, imposition of the injunction was a reasonable and constitutional restriction on protest activity. </p>

Animal rights protestors appealed the decision of the Supreme Court, Westchester County that permanently enjoined the protestors from engaging in protest activity that constituted a private nuisance (to wit, participating in targeted protest at the home of the plaintiff Mark L. Bibi). This court found that the protestors failed to refute the evidence from the lower court that showed the plaintiffs were entitled to a permanent injunction as a matter of law (including evidence of the appellant's federal conviction conspiracy to violate the Animal Enterprise Protection Act of 1992). While the court did find that the appellant-protestor's incarceration did not render the appeal academic, imposition of the injunction was a reasonable and constitutional restriction on protest activity.

People v. Peters

Summary: <p> A veterinarian was convicted of animal cruelty and sentenced to three years of probation based upon his alleged unjustifiable failure under Agriculture and Markets Law &sect; 353 to provide a mare and her foal with necessary sustenance, food and drink in September 2005. After conviction by jury, the lower court denied defendant-veterinarian's motion to vacate judgment of conviction. The Supreme Court, Appellate Division found that while defendant failed to preserve his challenge for sufficiency of the evidence, the jury verdict was against the weight of the evidence. In particular, the court found that the expert testimony contradicted the evidence that the foal was mistreated. </p>

A veterinarian was convicted of animal cruelty and sentenced to three years of probation based upon his alleged unjustifiable failure under Agriculture and Markets Law § 353 to provide a mare and her foal with necessary sustenance, food and drink in September 2005. After conviction by jury, the lower court denied defendant-veterinarian's motion to vacate judgment of conviction. The Supreme Court, Appellate Division found that while defendant failed to preserve his challenge for sufficiency of the evidence, the jury verdict was against the weight of the evidence. In particular, the court found that the expert testimony contradicted the evidence that the foal was mistreated.

Sarno v. Kelly

Summary: <p> A dog bite victim sought damages against absentee landlords after the tenant's bull mastiff dog bit him in right thigh. The deposition testimony of one landlord indicated that he visited the rental house approximately once per month to collect rent and check on the house in general, and only on two of those occasions did he see the dog. During one of these visits, he petted the dog without incident. Thus, the landlord established that he neither knew nor should have known that the dog had vicious propensities, and that he did not have sufficient control over the premises to allow him to remove or confine the dog. </p>

A dog bite victim sought damages against absentee landlords after the tenant's bull mastiff dog bit him in right thigh. The deposition testimony of one landlord indicated that he visited the rental house approximately once per month to collect rent and check on the house in general, and only on two of those occasions did he see the dog. During one of these visits, he petted the dog without incident. Thus, the landlord established that he neither knew nor should have known that the dog had vicious propensities, and that he did not have sufficient control over the premises to allow him to remove or confine the dog.