Raymond v. Lachmann case brief
695 N.Y.S.2d 308
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695 N.Y.S.2d 308
CASE SYNOPSIS: Defendant
appealed from an order of the Supreme Court, New York County (New
York), which, inter alia, granted plaintiff's cross-motion for
summary judgment to the extent of declaring that plaintiff was
entitled to ownership and possession of the subject cat, conditioned
upon plaintiff's payment for all veterinary expenses incurred by the
cat since May, 1995. The court also granted defendant's motion for,
inter alia, the imposition of sanctions.
FACTS: Plaintiff brought action against defendant for possession of a cat. The lower court granted plaintiff's cross-motion for summary judgment, and declared that plaintiff was entitled to ownership and possession of the cat. The lower court ordered that such ownership and possession was contingent, however, upon plaintiff's payment for all veterinary expenses incurred by the cat since a certain date. The lower court also granted defendant's motion for the imposition of sanctions as a result of improper actions during discovery. The appellate court reversed the decision of the lower court. The court held that, while it was cognizant of the cherished status accorded to pets and the strong emotions engendered by disputes of this nature, on the record presented, it was best for all concerned that, given the cat's limited life expectancy, it should remain with defendant. The court found that the cat had lived, prospered, and been loved for the past four years while residing with defendant. The court also held that, while it did not condone the conduct of plaintiff's counsel during discovery, it would not impose sanctions for improper discovery practice under the circumstances of the case.
CONCLUSION: The appellate court reversed summary judgment for plaintiff in its action for possession of a cat. The court held that on the record presented, it was best for all concerned that the cat should remain with defendant, where it had lived, prospered and been loved for four years. The court therefore denied plaintiff's cross-motion for summary judgment and granted judgment to defendant awarding her ownership and possession of the cat.
FACTS: Plaintiff brought action against defendant for possession of a cat. The lower court granted plaintiff's cross-motion for summary judgment, and declared that plaintiff was entitled to ownership and possession of the cat. The lower court ordered that such ownership and possession was contingent, however, upon plaintiff's payment for all veterinary expenses incurred by the cat since a certain date. The lower court also granted defendant's motion for the imposition of sanctions as a result of improper actions during discovery. The appellate court reversed the decision of the lower court. The court held that, while it was cognizant of the cherished status accorded to pets and the strong emotions engendered by disputes of this nature, on the record presented, it was best for all concerned that, given the cat's limited life expectancy, it should remain with defendant. The court found that the cat had lived, prospered, and been loved for the past four years while residing with defendant. The court also held that, while it did not condone the conduct of plaintiff's counsel during discovery, it would not impose sanctions for improper discovery practice under the circumstances of the case.
CONCLUSION: The appellate court reversed summary judgment for plaintiff in its action for possession of a cat. The court held that on the record presented, it was best for all concerned that the cat should remain with defendant, where it had lived, prospered and been loved for four years. The court therefore denied plaintiff's cross-motion for summary judgment and granted judgment to defendant awarding her ownership and possession of the cat.
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Interested in learning how to get the top grades in your law school classes? Want to learn how to study smarter than your competition? Interested in transferring to a high ranked school?
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