Legal Question in Business Law in New York

Hello,

I work for an English Bulldog breeder. We have customers who buy our puppies once they turn 8 weeks old. Customers sign contracts with us the day a puppy is picked up. Everything in the contract is explained thoroughly. One of the important statements in the contract is “a customer has a 14 day health guarantee”. A customer bought a puppy from us in August 2022, then three months later in November, reached out to us and the puppy now has brachycephalic obstructive airway syndrome, which is the number one issue in the bulldog breed. Now they’re looking to sue us because they want us to pay for the surgery however with the signed contract now expired (for the health guarantee) and the fact it’s a known issue in the breed, if we took this issue to court can we win the suit?


Asked on 11/28/22, 1:37 pm

1 Answer from Attorneys
Frank Natoli Natoli-Legal, LLC

I don't know how they could prevail if the contract was clear and there are not mitigating circumstances. That's why you have a contract.

If they do sue, it will likely be in the small claims court where there really is no motion practice, so you will have to show up to the hearing. Just bring all your supporting documentation.

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Answered on 11/28/22, 3:56 pm


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