Ayres Memorial Animal Shelter, Inc. v. Montgomery County Society for Prevention of Cruelty To Animals

Mercure, J. Appeal from a judgment of the Supreme Court (Sise, J.), entered February 8, 2006 in Montgomery County, upon a dismissal of the complaint at the close of plaintiffs case.

Pursuant to a contract with the Town of Root, Montgomery County, plaintiff was required to shelter animals seized within *885the Town. Following the issuance of a warrant to the Montgomery County Sheriffs Department and seizure of animals from a Town residence in November 2001, approximately 20 animals were transported to plaintiff’s animal shelter facility. Defendant, which participated in the raid, denied plaintiffs…