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New York Appellate Court

Johnson v. Douglas
New York
734 N.Y.S.2d 847 (Mem) (N.Y.A.D. 2 Dept. 2001)


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Summary:   Plaintiff appealed an order denying her claim to emotional distress damages presumably for the death of her dog.  The court held that it is well established that a pet owner in New York cannot recover damages for emotional distress caused by the negligent killing of a dog.

Opinion of the Court:

In an action, inter alia, to recover damages for emotional distress, the plaintiffs appeal from an order of the Supreme Court, Nassau County (Jonas, J.), dated March 12, 2001, which granted those branches of the defendant's motion pursuant to CPLR 3211(a)(7) which were to dismiss the second, third, fifth, sixth, and seventh causes of action.

ORDERED that the order is affirmed, with costs.

It is well established that a pet owner in New York cannot recover damages for emotional distress caused by the negligent killing of a dog (see, Gluckman v. American Airlines, Inc., 844 F.Supp. 151; Jason v. Parks, 224 A.D.2d 494, 638 N.Y.S.2d 170; Fowler v. Town of Ticonderoga, 131 A.D.2d 919, 516 N.Y.S.2d 368; Young v. Delta Air Lines, 78 A.D.2d 616, 432 N.Y.S.2d 390).

O'BRIEN, J.P., FLORIO, SCHMIDT and SMITH, JJ., concur.

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