Legal Question in Business Law in Connecticut

Animal ownership question

This issue involves three states and is confusing. ''Nancy'' pulls a dog out of a shelter in Long Island, NY where she works. The dog is in her name. She takes the dog to a rescue in the Berkshires in MA in the hopes of finding it a home. ''Bonnie'', owner of the rescue site is informed that she may try to find the dog a home, but ''Nancy'' as the owner must approve any home and a rescue fee of $150 must be paid by any approved adopter. ''Bonnie'' then lets the dog go on a ''trial'' adoption to ''Janice'' in CT. ''Nancy'' is not satisfied with the home as the family does not restrain their dogs in any way - they run free and their other dog has just been hit by a car. ''Janice'' refuses to relinquish the dog. ''Nancy'' calls the CT police who say that ''Janice'' did not steal the dog and that since ''Bonnie'' gave the dog in a trial adoption, ''Bonnie'' should go and retrieve ''Nancy's'' property, but ''Bonnie'' refuses. Meanwhile, ''Janice'' has licensed the dog in her name with her town clerk. ''Nancy'' has all the paperwork saying that the dog is her property and wants the dog returned as she has found a safe home for him. What rights does ''Nancy'' have and how can she get the dog back from this unsafe home? ''Janice'' paid no fee & signed no paperwork yet.


Asked on 7/23/07, 2:03 pm

2 Answers from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Animal ownership question

Dogs, all pets are considered personal property under NY and just about every state's law.The answer unfortunately, does not take into account affection that people can have for a pet but not for a band saw (for instance).

The remainder of the question does not include the necessary facts about the agreements beteween the Shelter, the rescue and the various parties. If you would like to discuss this matter further, please contact me for an appointment.

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Answered on 7/23/07, 2:22 pm
Nicholas Adamucci ADAMUCCI, LLC

Re: Animal ownership question

This would make a perfect law school exam question. In fact, this brings back nightmares. In any event, the answer revolves around personal property rights and the relinguishment of them. The answer would ultimately depend on who has ownership of the dog. The analysis for this conclusion would need more room than provided here. Therefore, for more help, you can email me at [email protected].

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Answered on 7/23/07, 4:47 pm


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