Legal Opinion

People ex rel. Nonhuman Rights Project, Inc. v. Lavery

Appellate Division of the Supreme Court of the State of New York

Decided December 4, 2014PublishedCited by 4 opinions

1Opinion of the Court

OPINION OF THE COURT

Peters, PJ.

The subject of this litigation is a chimpanzee, known as Tommy, that is presently being kept by respondents on their property in the City of Gloversville, Fulton County. On behalf of Tommy, petitioner sought an order to show cause to commence a habeas corpus proceeding pursuant to CPLR article 70 on the ground that Tommy was being unlawfully detained by respondents. In support, petitioner submitted the affidavits of several experts in an effort to establish that, in general, chimpanzees have attributes sufficient to consider them “persons” for the purposes of…

2Cases cited14 opinions

  1. In Re GAULTSupreme Court of the United States · 1967
  2. The Cetacean Community v. George W. Bush, President of the United States of America Donald H. Rumsfeld, United States of America Secretary of DefenseCourt of Appeals for the Ninth Circuit · 2004
  3. Pembina Consolidated Silver Mining & Milling Co. v. PennsylvaniaSupreme Court of the United States · 1888
  4. People ex rel. Keitt v. McMannNew York Court of Appeals · 1966
  5. Amadio v. LevinSupreme Court of Pennsylvania · 1985

9 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. People ex rel. Tse v. BarometreAppellate Division of the Supreme Court of the State of New York · 2020
  2. Nonhuman Rights Project, Inc. v. R.W. Commerford & Sons, Inc.Connecticut Appellate Court · 2019
  3. Nonhuman Rights Project, Inc. ex rel. Hercules v. StanleyNew York Supreme Court · 2015
  4. The Matter of Nonhuman Rights Project v. James J. BrehenyNew York Court of Appeals · 2022

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