Appellate Terms of the Supreme Court of New York, 1946

Tsahalis v. American Society for the Prevention of Cruelty to Animals

Appellate Terms of the Supreme Court of New York · Decided June 20, 1946

187 Misc. 252; 63 N.Y.S.2d 333; 1946 N.Y. Misc. LEXIS 2383

Counsel

Gustave A. Gerber for appellant., John J. Bennett, Corporation Counsel (Seymour B. Quel and Samuel D. Johnson of counsel), for the Department of Health of the City of New York, respondent., Howard B. Nichols for American Society for the Prevention of Cruelty to Animals, respondent.

Opinion of the Court

Per Curiam.

Memorandum The order appealed from should be affirmed, with $10 costs, solely on the ground that, as between the owner of a dog and the municipal authorities, there is only a qualified property right and, accordingly, a qualified right of possession and not the immediate, exclusive right of possession required in replevin.

Shientag, McLaughlin and Hecht,JJ., concur.

Order affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.