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Raymond v. Lachmann

Appellate Division of the Supreme Court of New York, First Department
Aug 19, 1999
264 A.D.2d 340 (N.Y. App. Div. 1999)

Summary

In Raymond v Lachmann (264 A.D.2d 340 [1st Dept 1999]), the court, taking into consideration "[t]he cherished status accorded to pets in our society, the strong emotions engendered by disputes of this nature, and the limited ability of the courts to resolve them satisfactorily," applied a "best for all concerned" analysis in determining the ownership of a ten-year-old cat.

Summary of this case from Rodriguez v. Castano

Opinion

August 19, 1999.

Appeal from the Supreme Court, New York County (Sheila Abdus-Salaam, J.).


Cognizant of the cherished status accorded to pets in our society, the strong emotions engendered by disputes of this nature, and the limited ability of the courts to resolve them satisfactorily, on the record presented, we think it best for all concerned that, given his limited life expectancy, Lovey, who is now almost ten years old, remain where he has lived, prospered, loved and been loved for the past four years.

As to the imposition of sanctions for improper discovery practice, while we do not condone such conduct, we consider vacatur of such sanctions appropriate under the circumstances of this case.

Concur — Ellerin, P. J., Tom, Wallach and Andrias, JJ.


Summaries of

Raymond v. Lachmann

Appellate Division of the Supreme Court of New York, First Department
Aug 19, 1999
264 A.D.2d 340 (N.Y. App. Div. 1999)

In Raymond v Lachmann (264 A.D.2d 340 [1st Dept 1999]), the court, taking into consideration "[t]he cherished status accorded to pets in our society, the strong emotions engendered by disputes of this nature, and the limited ability of the courts to resolve them satisfactorily," applied a "best for all concerned" analysis in determining the ownership of a ten-year-old cat.

Summary of this case from Rodriguez v. Castano

In Raymond, the First Department referred to “the limited ability of the courts to resolve” such cases (id. at 341, 695 N.Y.S.2d 308).

Summary of this case from Travis v. Murray

In Raymond v. Lachmann, 264 A.D.2d 340, 695 N.Y.S.2d 308 (1st Dept.1999), the court ordered the 10 year old cat with a limited life expectancy to remain in the care of the defendant who had custody of the cat for the last 4 years, recognizing the “cherished status accorded to pets in our society” and best interest of the cat.

Summary of this case from LeConte v. Lee
Case details for

Raymond v. Lachmann

Case Details

Full title:SUSAN RAYMOND, Respondent, v. SUZANNE LACHMANN, Appellant. SUSAN RAYMOND…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Aug 19, 1999

Citations

264 A.D.2d 340 (N.Y. App. Div. 1999)
695 N.Y.S.2d 308

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Travis v. Murray, 42 Misc. 3d 447, 455, 977 N.Y.S.2d 621 ; see also Raymond v. Lachmann, 264 A.D.2d 340, 695…

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As the Court of Appeals has held, "[r]eplevin is strictly a possessory action and plaintiff, to recover, must…