Summary
In Jason v Parks. 224 A.D.2d 494, 495 (2d Dept 1996), the Second Department affirmed the dismissal, for failure to state a cause of action, that part of a complaint seeking to recover damages for emotional distress in a veterinary malpractice action.
Summary of this case from Voss v. Mandak Veterinary Servs.Opinion
February 13, 1996
Appeal from the Supreme Court, Westchester County (Coppola, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
It is well established that a pet owner in New York cannot recover damages for emotional distress caused by the negligent destruction of a dog (see, Gluckman v. American Airlines, 844 F. Supp. 151; Fowler v. Town of Ticonderoga, 131 A.D.2d 919, 921; Young v. Delta Air Lines, 78 A.D.2d 616; Zager v. Dimilia, 138 Misc.2d 448; Stettner v. Graubard, 82 Misc.2d 132; Smith v Palace Transp. Co., 142 Misc. 93). Santucci, J.P., Altman, Friedmann and Florio, JJ., concur.