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Titlesort descending Summary
Nuijens v. Novy


Plaintiff brought a New York Small Claims Court action seeking recovery of the sum of $254.63, after a licensed veterinarian determined that plaintiff's newly purchased dog was unfit according to Article 35-B of the General Business Law.  Specifically, plaintiff sought damages under two alternate theories: violation of the sale contract's five-day express warranty and violation of the implied warranty of merchantability.  Due to the vet's initial diagnosis, plaintiff did not return the dog.  The court held that plaintiff elected to forgo the express warranty by retaining the dog.  With regard to the implied warranty of merchantability, the court found defendant is not a "person who deals in goods of the kind" to fall within the definition of merchant under the statute.

Nutt v. Florio


This Massachusetts case involves an appeal of a summary judgment in favor of the landlord-defendant concerning an unprovoked dog attack. The dog, described as a pit bull terrier, was kept by a tenant of Florio's. The court found that, while the defendants cannot be held strictly liable by virtue the dog's breed, "knowledge of that breed and its propensities may properly be a factor to be considered in determining whether the defendants were negligent under common-law principles." Reviewing the record de novo, the court held that this question and the defendant's knowledge of the dog's propensities, created a genuine issue of material fact. The order of summary judgment for defendant was reversed and the case was remanded.

Nuzzaci v. Nuzzaci
The court refused to sign a stipulation and order (prepared by the parties and signed by each of them and their attorneys) concerning visitation of the divorcing couple’s dog.  The court held that a court can only award dog in its entirety to one party or the other.  The court advised the couple to come to their own private agreement instead, reasoning that the court has no jurisdiction in this matter and further no way to side with one party or the other in the event of a future dispute.
NV - Assistance Animals - Assistance Animal/Guide Dog Laws The following statutes comprise the state's relevant assistance animal and guide dog laws.
NV - Bestiality - 201.455. Bestiality; penalties This Nevada law, enacted in 2017, prohibits bestiality. Convicted violators face the relinquishing and permanently forfeiting ownership or possession of all animals which are in the same household as the person to an animal shelter, an organization that takes into custody animals which have been abused or neglected, or a society for the prevention of cruelty to animals. The court may also impose a possession ban on owning or keeping any animal for a period determined by the court. Those convicted must undergo a psychological evaluation and any recommended counseling and must pay all reasonable costs incurred for the care and maintenance of the animal involved in the crime and any other animal relinquished by the person. If the person convicted of the crime of bestiality is not the owner of the animal involved in the crime, reimbursing the owner of the animal for all medical expenses incurred for treating the animal.
NV - Breed - 687B.383. Refusal to issue, cancellation of, nonrenewal certain policies solely on basis of breed This Nevada law effective in 2022 provides that an insurer shall not refuse to issue, cancel, refuse to renew, or increase the premium for an insurance policy based solely on the specific breed or mixture of breed of a dog. This does not prohibit those actions if the policy change is directly related to a dog that has been previously declared dangerous or vicious.
NV - Cruelty - Consolidated Cruelty Statutes This comprehensive section comprises the Nevada anti-cruelty statutes. The section first empowers private prevention of cruelty to animals societies and outlines their powers and responsibilities, including the power to arrest. Under this section, "animal" does not include the human race, but includes every other living creature. Animal cruelty, as described in Section 574.100, prohibits the overdriving, overloading, torture, cruel beating or unjustifiable injuring, maiming, mutilation or killing of an animal, as well as the deprivation of necessary sustenance, food or drink. The first offense under this section is a misdemeanor with enhancement to a felony for a third or subsequent convictions. Animals fighting is also prohibited under the section, with enhanced sentences for subsequent convictions. Other specific crimes include mistreatment of dogs, abandonment of animals, poisoning (although the section does not prohibit the destruction of "noxious animals"), and basic requirements for the care of dogs and cats kept in kennels or sold by pounds or pet shops.
NV - Damages, pet - 41.740. Damages for which person who kills or injures pet This Nevada law provides that if a "natural person" intentionally, willfully, recklessly or negligently injures or kills the pet of another natural person, the person is liable for (a) the cost of veterinary care incurred because of the injury or death of the pet; (b) any reduction in market value of the pet caused by the injury; (c) the market value and reasonable burial expenses if the pet is killed; and (d) reasonable attorney's fees and costs incurred in bringing an action under this section. All the damages must not exceed $5,000 per pet. There are several exceptions under the law. A pet is defined as any domesticated dog or cat normally maintained in or near the household of its owner.
NV - Dangerous Dog - Chapter 202. Crimes Against Public Health and Safety. This Nevada statute defines a "dangerous dog," as a dog, that without provocation, on two separate occasions within 18 months, behaved menacingly to a degree that would lead a reasonable person to defend him or herself against substantial bodily harm, when the dog is either off the premises of its owner or keeper or not confined in a cage or pen. A dog then becomes "vicious" when, without being provoked, it killed or inflicted substantial bodily harm upon a human being. If substantial bodily harm results from an attack by a dog known to be vicious, its owner or keeper is guilty of a category D felony. Under the statute, a dog may not be declared dangerous if it attacks as a defensive act against a person who was committing or attempting to commit a crime or who provoked the dog.
NV - Disaster - Chapter 414. Emergency Management. General Provisions. In Nevada, an emergency management plan must address the needs of persons with pets or service animals during and after an emergency or disaster.

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