Rotunda v. Haynes

OPINION OF THE COURT

Memorandum.

Ordered that the judgment is affirmed, without costs.

Plaintiff brought this small claims action to recover $1,200 in medical fees, alleging that defendant, a dog breeder, had sold a dog with a severe genetic heart defect to a nonparty purchaser, who had then given the dog to plaintiff as a gift. After a nonjury trial, the City Court dismissed the action on the ground that plaintiff had failed to comply with General Business Law § 753 because she had not produced a valid veterinary certification detailing the extent and nature of the dog’s condition.

As a…