Legal Opinion · Concurring in part, dissenting in part
Feger v. Warwick Animal Shelter
Appellate Division of the Supreme Court of the State of New York
Decided December 23, 2008Published
1Concurring in part, dissenting in part
Spolzino, J. (concurring in part and dissenting in part).
Like my colleagues in the majority, I salute, on the basis of personal experience, the value and importance of pets in our lives. As I see it, however, this appeal is not, as the majority suggests, about protecting a pet’s adoptive owner from a meddling plaintiff who seeks maliciously to interfere with that relationship. Rather, assuming the allegations in the complaint to be true, the claim here is by a plaintiff who wants to be reunited with her stolen cat.
These circumstances, in my view, present no occasion to recognize new…
2Cases cited13 opinions
- Allen v. Crowell-Collier Publishing Co.New York Court of Appeals · 1968
- Koump v. SmithNew York Court of Appeals · 1969
- Andon v. 302-304 Mott Street AssociatesNew York Court of Appeals · 2000
- O'Neill v. Oakgrove Construction, Inc.New York Court of Appeals · 1988
- Cirale v. 80 Pine Street Corp.New York Court of Appeals · 1974
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