Legal Question in Civil Litigation in New York
Need advice recovering my dog
In a recent small claims claim, I am trying to recover my dog from an ex-girlfriend. We have been split-up since June 2008 and had been friends since. When told I cold come down and pick up the last of my belongings, she changed her mind at the last moment leaving me, my new girlfriend, and two others with a truck, stuck without getting my stuff.
I finally had to take this matter to court. With her having my dog (registered in my name, ownership papers, etc.) would there be any problems getting him back? Is ther anything else needed for evidence?
1 Answer from Attorneys
Re: Need advice recovering my dog
Small claims court does not have jurisdiction to order the return of property ("specific performance"). Small claims may only award money damages. Therefore, you would only be entitled to monetary compensation for the loss of your dog, or the cost for you to purchase another dog.
Mike.
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